For a long time, we also thought that allowing access to any gambling game offered by a casino was a non-negotiable obligation for any casino, falling under the terms of the law that re-legalized gaming, back in 1931, and determined that all gambling should be "wide open," as in both visible, and accessible, to all (funds permitting).
However, over the years this whole concept has become muddied, for one thing by the introduction of "private" European-style gaming salons at some of the larger resorts frequented by high rollers -- a concession granted by Gaming Control in the hope that more "whales" would be attracted back to Las Vegas from other markets (it didn't really work). These games are still monitored by surveillance and, by extension, Gaming Control, but are not open to the general public.
In addition, the Playboy Club at the Palms was allowed to charge an admission fee to the venue, even though there were blackjack tables within -- presumably the implication being that it was a lot more a nightclub than it was a casino, plus the venue wished to enforce a strict dress code. Even in light of this exception to the rule, we were long under the impression that any casino offering poolside gaming was obligated to allow you in, provided you proved that you were actually serious about playing. Hence, we raised the issue with the Enforcement Division of the Gaming Control Board when we found out, a few years back, that Wynn was refusing access to non-guests at its European Pool, despite the presence of gaming tables. We were informed, to our surprise, that it is possible for a casino to negotiate a waiver even in these circumstances, and to keep such games accessible only to hotel guests with pool-access privileges, so if the Golden Nugget has obtained such a waiver, we regret to inform you that they are perfectly within their rights to refuse you access (a right which they were likely exercising in order to ensure preferred access to paying hotel guests, space being limited).
