Nevada regulators issue new capacity policies for gaming operators

Following Governor Steve Sisolak’s emergency directive that imposes a 25% occupancy cap at casinos and other gaming facilities, the Nevada Gaming Control Board (NGCB) amended and reissued Tuesday the Health and Safety Policies for the Resumption of Gaming Operations of restricted and nonrestricted licensees.

As for the nonrestricted operations, licensees must reduce the maximum occupancy on the
gaming floors and other gaming areas to 25% of its total capacity. Licensees’ plans that have been granted approval by the NGCB with changes for partitions at gaming tables, partitions between gaming machines, and other such variances will remain in effect under the new restrictions, and operators do not need to submit new plans based on reduced capacity restrictions.

Food and beverage venues may operate at no more than 25% of their maximum capacities as well. If they only one certificate of occupancy, both indoor and outdoor dining patrons count towards the 25% capacity limit. The Board said that, regardless of the ownership and operational structure of a food and beverage establishment within a licensee’s property, the licensee must ensure that its tenants are fully complying with the new requirements. In addition, pools and retail establishments may remain in operation at 50% of their maximum capacities.

Restaurants and taverns with restricted gaming operations —with 15 or fewer slot machines— must comply with the 25% cap as well. Bar top gaming machines are allowed to remain operational and in use. The NGCB said supermarkets and convenience stores are able to continue to operate at 50% of their posted maximum capacities, while still ensuring compliance with existing health and safety requirements, including proper social distancing between machines and disinfection protocols.

Spokespeople for major Strip operators MGM Resorts International, Caesars Entertainment Inc and Wynn Resorts Ltd. said Sunday their respective companies would comply with the Governor's directive, Las Vegas Review-Journal reports. Las Vegas casinos are required to enforce the lower limit starting Tuesday, lasting at least three weeks. Whether the restrictions loosen depends on their success in slowing surging COVID-19 infections in the state.

For the third time in less than two weeks, Nevada on Tuesday set a record for most coronavirus cases reported in a day — 2,853 — since the start of the pandemic, according to data from the Department of Health and Human Services.