Chapter 2
LIQUOR CONTROLlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368
3-2-1: DEFINITIONS:
3-2-2: LICENSE REQUIRED; EXCEPTIONS:
3-2-3: APPLICATION FOR LICENSE; INVESTIGATION:
3-2-4: APPROVAL OR DENIAL OF LICENSE:
3-2-5: ISSUANCE OF LICENSE; CONTENTS; RENEWALS; TEMPORARY LICENSES:
3-2-6: RESTRICTIONS ON ISSUANCE OF LICENSE:
3-2-7: CLASSIFICATION OF LICENSES:
3-2-8: NUMBER OF LICENSES:
3-2-9: PAYMENT OF LICENSE FEES; DELINQUENCIES:
3-2-10: LOCATION RESTRICTIONS:
3-2-11: POSTING OF LICENSE; NONTRANSFERABILITY; CHANGE OF LOCATION:
3-2-12: BUILDING AND PREMISES REQUIREMENTS:
3-2-13: CONDUCT OF BUSINESS AND EMPLOYEES:
3-2-14: MINORS:
3-2-15: SPECIAL EVENTS LICENSES:
3-2-16: SUSPENSION; REVOCATION; RESTRICTIONS OR CONDITIONS OF LICENSE:
3-2-17: PENALTIES:

3-2-1: DEFINITIONS:linklink


Whenever used in this Chapter, the following words shall have the meanings ascribed in this Section, unless the context clearly indicates a different meaning.

BEER: Any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water.

BEER LICENSE: A license issued by the City which permits the sale of beer by the licensee at the premises specified in the license for consumption on or off the licensee's premises.

CATERER'S LIQUOR LICENSE: A license issued by the City which permits the sale of beers, wines and liquors by the drink by the caterer licensee for entertainments, special occasion parties and social gatherings catered by the licensee on the premises of the caterer or at locations within the City where the licensee is catering entertainments, special occasion parties or social gatherings.

CITY: The City of West Wendover, Nevada.

CITY CLERK: The City Clerk of the City of West Wendover, Nevada or the said Clerk's deputy.

COUNCIL: The City Council of the City.

FRATERNAL, SOCIAL AND CIVIC CLUB LICENSE: A license issued by the City, which permits the licensee therein designated to serve, sell or give liquors to the licensee's bona fide members only for consumption on the licensee's premises specified in the license. This license shall not permit the licensee to conduct or operate any public bar or place for the sale, serving or delivery of any liquor to the general public.

LIQUOR: Beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquor or solid, patented or not, containing one-half of one percent (1/2%) or more of alcohol by volume and which is used for beverage purposes.

MINOR: A natural person, male or female, under the age of twenty one (21) years.

PACKAGE: Any container or receptacle used for holding liquor, which container or receptacle is corked or sealed.

PACKAGED LIQUOR LICENSE: A license issued by the City which permits the sale of liquors in packages by the licensee at the premises specified in the license, for consumption off the licensee's premises.

PERSON: A natural person, partnership, association, company, corporation, fraternal, civic or social clubs and all other types of organizations.

RETAIL LIQUOR LICENSE: A license issued by the City, which permits the sale of beers, wines and liquors, in packages or by the drink by the licensee at the premises specified in the license, for consumption on or off the licensee's premises.

SPECIAL EVENTS LICENSE: A license issued by the City which permits the licensee therein designated to sell or serve such liquor at such location and for such period of time, not exceeding one week, and shall be specified by the City Council and set out in said license.

SPECIAL EVENTS LIQUOR AND SPECIAL EVENTS BEER AND/OR WINE LICENSE: A license issued by the City which permits the sale, serving or giving away of liquor by the licensee at the premises specified in the license for consumption at such premises, the duration of said license not to exceed a period of one week. "Special events beer and/or wine license" means a license issued by the City which permits the sale, serving or giving away of beer and/or wine only by the licensee at the premises specified in the license for consumption at such premises, the duration of said license not to exceed a period of one week.

WHOLESALE LIQUOR LICENSE: A license issued by the City, which permits the sale of beers and wines only or liquors in packages by the licensee to a person holding a valid, current,retail liquor license or a wholesale liquor license issued by the City but not the sale to a consumer or general public direct.

WINE: Any alcoholic beverage obtained by fermentation of the natural content of fruits or other agricultural products containing sugar and including, without limitation, port, sherry and champagne. (Ord. 91-14, 6-4-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112734
3-2-2: LICENSE REQUIRED; EXCEPTIONS:linklink


A. It shall be unlawful for any person to sell, offer for sale, keep for sale, serve, give away, furnish or distribute, or cause or permit to be sold, offered to be sold, kept for sale, served, given away, furnished or distributed, any kind of liquor in the City limits, unless such person has first applied for, paid all license fees for, received and is the holder in good standing of the proper license or licenses required by this Chapter; provided, however, that this Section shall not apply to the following:

1. Liquor served by a private family in its home as part of its family or social life.

2. The use of liquor for sacramental purposes by any duly ordained minister.

3. The use, sale or dispensing of liquor by any doctor, apothecary or pharmaceutist who uses alcohol or liquor for or in compounding medicine or for medicinal or scientific purposes.

4. The employees of a person who holds a valid, unexpired license pursuant to this Chapter, while acting within the course of his employment. (Ord. 91-14, 6-4-1991)


B. A valid license under this Chapter authorizes the licensee to sell soft drinks in connection with the business for which the license is issued. (Ord., 9-3-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112735
3-2-3: APPLICATION FOR LICENSE; INVESTIGATION:linklink


A. An application for the licenses required by this Chapter shall be made to the City Council and filed with the City Clerk. Each application shall:

1. Be made on such form as the City Council shall prescribe.

2. Include the name and address of the applicant, who shall be all persons having an interest in the business to be licensed. If the applicant is a partnership, the application shall include the name and addresses of all partners. If the application is a corporation, association or other organization, the application shall include the names andaddresses of all officers, directors, stockholders, resident agent and all other persons having an interest in the business to be licensed and the address of the principal place of business of the corporation and the name and address of the person or persons who shall have the active management of its business for which or in connection which a license is desired. (Listing of stockholders may be dispensed with by the City Council if stock has been sold to the general public.)

3. Specify the class or classes of license desired; the location, by street and number, of the premises for which the license is sought; and the name of the owner or owners of the premises where the business is to be operated.

4. Be supplemented by such additional information or documents as the City Council shall request from the applicant at any time, it being the duty of the applicant to supply all such information and documents. (Ord. 91-14, 6-4-1991)

5. Be accompanied by the license fee required for each class of license for which application is made, which license deposit shall be returned by the City Clerk to the applicant in the event the application is denied. (Ord., 9-3-1991)

6. Be signed and verified by all persons who shall conduct or have any interest in the business activities for which a liquor license is required.

In the case of corporations, clubs or organizations with members the application shall be verified by its president or secretary or the person who shall actively manage or conduct the business or activity for which a liquor license is required, if written authority from the corporation to make such application is filed with the City Clerk with the application.

7. Contain a statement that if such application is approved and a license issued, it will be accepted by the applicant subject to the terms, conditions and provisions of this Chapter, and such other rules and regulations as may at any time hereafter be adopted or enacted by resolution or ordinance by the City Council and shall include a consent to and an acknowledgement of the power and authority of the Chief of Police, or any other authorized representative of the City, to enter the premises licensed and the principal office of any corporation at any time during business hours for the purpose of examining the premises, or the books of account of said business, or the books and records of any corporate licensee to ascertain the truth or veracity of the statements made on the application and to determine if the terms, conditions and provisions of this Chapter have been and are being complied with.


B. All liquor license applications shall be referred to the Chief of Police for investigation. The Chief of Police shall cause an investigation to be made of the moral character andbusiness responsibility of the person or persons applying for a license and of all persons who will be interested in the business for which a liquor license is required, and in the case of a corporation, its officers, directors, stockholders and the person or persons who shall have the management of the business for which or in connection with which the license is desired, together with an investigation of the location of the proposed place of business, and of such other matters as may be necessary to the protection of the public good, welfare, safety, health and morals of the inhabitants of the City. Upon completion of the investigation, the Chief of Police shall render a report of the investigation to the City Council. (Ord. 91-14, 6-4-1991)

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3-2-4: APPROVAL OR DENIAL OF LICENSE:linklink


A. The City Clerk shall present each application to the City Council at its first regular or special meeting after the filing of the application, completion of the investigation and submission of all other data as required in Section 3-2-3 of this Chapter.


B. The City Council shall approve or deny applications. The City Council may deny any application for any reason deemed sufficient by the City Council and may refuse to license any applicant. It shall require a majority vote of all the members of the City Council present at the meeting to grant or refuse such application. Such action by the City Council on any application shall be final.


C. Any application granted and license issued pursuant hereto shall be granted for and in consideration of the applicant agreeing to and complying with the provisions of this Chapter and the terms, conditions, representations and agreements set out in the application and any license issued hereunder.


D. If an application is denied by the City Council, the City Council forthwith shall return the license fee accompanying the application to the applicant. If the City Council approves an application, the City Council shall authorize the City Clerk to issue such license upon full payment in advance of all license fees then required by this Chapter. The license shall not be effective until issued and delivered to the applicant. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112737
3-2-5: ISSUANCE OF LICENSE; CONTENTS; RENEWALS; TEMPORARY LICENSES:linklink


A. Upon the granting of any application pursuant to this Chapter, the applicant shall be entitled to be licensed by the City Clerk pursuant and subject to the provisions of this Chapter. The license certificate shall set forth, among other things, the following:

1. The name of all persons to whom it is issued. If the license is issued under a fictitious name, the license shall set forth, in addition to the fictitious name, the name or names of each of the persons conducting the business under the fictitious name. If it is issued to a corporation, the license shall set forth, in addition to the name of the corporation, the name or names of the person or persons who shall have the active management of the business for which the license is issued.

2. The amount of license fee paid therefor.

3. The location, by street and number, of the premises for which the license is issued. (Ord. 91-14, 6-4-1991)

4. The date of commencement which will be the date of issuance and date of termination which will be June 30 of the fiscal year, subject to revocation, cancellation, suspension, restriction and conditioning, pursuant to this Chapter. (Ord., 9-3-1991)

5. The particular class of liquor license and of liquors that the licensee is authorized to sell.

6. That the license is granted subject to the provisions of this Chapter. (Ord. 91-14, 6-4-1991)


B. The license shall be for a fiscal year, subject to the provisions of this Chapter and shall be signed by the Mayor and the City Clerk.


C. Subject to all provisions of this Chapter, if at the end of a fiscal year the licensee holds a valid, unexpired license which has not been revoked, cancelled, suspended, restricted or conditioned and no proceedings have been instituted or are pending in any court or before the City Council involving a violation of this Chapter or which could or does involve proceedings to consider the revocation, cancellation, suspension, restriction or conditioning of such license, such licensee may renew its license for the next fiscal year without application to the City Council by timely payment of the required license fees and penalties, if any, within the time specified in this Chapter. Such renewal license shall be on the same terms and conditions as the original license and subject to all provisions of this Chapter as if granted after application to the City Council. (Ord., 9-3-1991)


D. Any licensee receiving a license pursuant to the provisions of this Chapter shall be deemed to have accepted the same with all the duties, obligations, restrictions, limitations and other provisions of this Chapter as part and parcel of said license, and subject to the faithful compliance with the promises, agreements and representations set forth in the application for such license, without other or further notice and without each or any of such provisions being specifically incorporated in the license granted.


E. In special or unusual circumstances and in order to prevent undue hardship the City Clerk with approval of the Chief of Police may issue a temporary license pending the processing of an application for a permanent license; provided, however, that at the time any such temporary license is issued by the City Clerk a full and complete application for a liquor license shall be on file with the City Clerk. Such license shall be valid for thirty (30) days or until approval or denial of the final application by the City Council, whichever occurs first. Fees for temporary license shall be as set by resolution of the City Council. (Ord. 91-14, 6-4-1991; amd. 1993 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112738
3-2-6: RESTRICTIONS ON ISSUANCE OF LICENSE:linklink

No liquor license shall be issued hereunder to:


A. Any person unless such person has an established place of business, or in the case of a special events license, a specific location under the control of such person for the period of the license, within a zone or area permitting such type of business, activity or license under this and all other ordinances of the City and unless each applicant is a person of good moral character and satisfactory business responsibility. In the event the applicant shall be a corporation or association, the officers, directors, managing agent and all persons who shall be active in the conduct of the business for which a liquor license is required all must be persons of good moral character and satisfactory business responsibility.


B. Any person who has within ten (10) years from the date of the application been convicted of a felony involving moral turpitude, either in the State or in any other state, or of any crime in any other state which is considered a felony involving moral turpitude under the laws of the State. Provided, however, that this provision shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction. In the case of any such conviction occurring after the license has been issued and received, the license may immediately be revoked. If such convicted felon be an individual licensee and, if not, the partnership, corporation or association with which he is connected shall immediately discharge him, upon request of the City Council, or their license may be revoked.


C. No person shall work or be employed in or in connection with the liquor business of a licensee hereunder who has been, or during employment is convicted of a felony involving moral turpitude, unless the Chief of Police approves such employment. If the licensee fails to discharge such employee upon request by the Chief of Police, his license may be revoked. (Ord. 91-14, 6-4-1991)

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3-2-7: CLASSIFICATION OF LICENSES:linklink


A. Under the provisions of this Chapter, the following classes of licenses may be issued to qualified applicants therefor:

1. Retail liquor license.

2. Retail beer and/or wine license.

3. Wholesale liquor license.

4. Wholesale beer and/or wine license.

5. Packaged liquor license.

6. Packaged beer and/or wine license.

7. Fraternal, social and civic club license.

8. Special events liquor license.

9. Special events beer and/or wine license.

10. Caterer's liquor license. (A caterer's liquor license shall be in addition to any other liquor license held under this Chapter.)


B. Each person whose activities fall into more than one class of liquor licenses as defined in this Chapter must apply for and receive a license for each class applicable before such person can operate in such class.


C. The liquor licenses required by this Chapter shall be in addition to any other licenses required by any person by the City for conducting or carrying any other business in connection with, or separate from the activities licensed under this Chapter.


D. The City Council shall be the sole judge as to whether or not any person applying for a license as a fraternal, social or civic club, is a bona fide fraternal, social or civic club such as to qualify for a license under the provisions of this Chapter. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112740
3-2-8: NUMBER OF LICENSES:linklink

The City Council shall have the right to limit the number of licenses which may be issued, based upon population as determined by any formula deemed sufficient by the City Council and to determine where and under what condition liquor may be sold, served, given away or distributed within the City. (Ord. 91-14, 6-4-1991)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112741
3-2-9: PAYMENT OF LICENSE FEES; DELINQUENCIES:linklink


A. The license fee shall be due and payable July 1 of each year. Any license fee which has not been paid on or before the fifth day of the month in which it becomes due shall be increased by a penalty of ten percent (10%) which shall be added to the fee and collected with the fee prior to the issuance of any license hereunder. When any license fee is paid by mail, the post-marked date on the envelope shall be presumed to be the date on which the license fee was paid. If the license fee and penalty have not been paid on or before the fifteenth day of the month in which the license fee becomes due, any right to renew a license without application to the City Council shall be forfeited and shall forthwith terminate at the time of the close of the City office on the fifteenth day of such month, and at such time the liquor business to which the delinquent license fee relates shall forthwith close and cease operation if still in operation at that time. This provision shall not be construed to permit the operating of any business to which this Chapter applies for any length of time whatever without having in full force and effect a proper license issued by the City with all fees therefor fully paid, nor shall it be construed to extend the expiration date of any license, nor to prevent the City Council from taking any action to revoke, cancel, suspend, restrict or condition the license for any reason, including nonpayment of fees.


B. All fees may be paid up to one year in advance. No refunds of any portion of a license fee paid in advance shall be made nor shall any portion of a fee paid in advance be transferable.


C. The schedule of fees to be paid for licenses shall be set by resolution of the City Council. (Ord., 9-3-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112742
3-2-10: LOCATION RESTRICTIONS:linklink

No application shall be granted or license issued authorizing or permitting the sale, service or distribution of any liquor within the prohibited areas specified as follows:


A. It shall be unlawful for any person or association to sell, serve, give away or distribute any of the liquors or beverages mentioned in this Chapter within three hundred feet (300') of any school house or place wherein a public school is conducted or of any church.


B. It shall be unlawful for any person or association to sell, serve, give away, or otherwise distribute any liquor outside the building described in the application of any drive-in business; provided, however, the City Council may, for good cause shown, authorize the sale, service or other lawful distribution of liquor in specified enclosed or defined areas under the supervision, management and operation of a licensee. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112743
3-2-11: POSTING OF LICENSE; NONTRANSFERABILITY; CHANGE OF LOCATION:linklink

Each license shall be:


A. Posted in a conspicuous place in the premises for which it was issued.


B. Nontransferable, except that upon prior written consent of the City Council, the location of the premises for which it was issued may be changed, provided there is no change in licenses.


C. Authority for the persons or associations specifically named as licensees to transact the business or activity licensed thereunder. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112744
3-2-12: BUILDING AND PREMISES REQUIREMENTS:linklink


A. Notice Posted: Any licensee under the provisions of this Chapter must post in a conspicuous place in the premises for which the license is issued the following notice to customers:

NOTICE TO CUSTOMERS

    It is illegal for any bartender, manager, agent, employee or any other person in charge of a saloon or bar to knowingly allow or permit a person who is intoxicated to remain on the premises or to give or sell or to permit to be sold any liquor to a person who is intoxicated.

WEST WENDOVER LIQUOR CONTROL CODE


B. Lighting: At all times while any premises licensed hereunder is open for business the interior lighting therein shall be sufficient to make easily discernible upon immediately entering the main entrance the appearance and conduct of all persons and patrons in that portion of the premises where liquor is sold, served, delivered or consumed. In no event shall the intensity of such interior lighting be less than one foot-candle power light when measured at a point thirty inches (30") from the floor wherever persons and patrons are sitting or standing within the premises. This subsection shall apply in all cases except in licensed establishments where floor shows are permitted under City ordinance. In such cases the floor showroom lights may be dimmed only during the floor show, and at the conclusion of each floor show the lighting must then immediately be restored to the minimum standards of light intensity herebefore provided. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112745
3-2-13: CONDUCT OF BUSINESSES AND EMPLOYEES:linklink


A. Every licensee shall conduct and maintain his premises in a clean and orderly manner.


B. It shall be unlawful for any licensee hereunder or any bartender, manager, agent, employee of such licensee or any other person in charge of any saloon or bar, to knowingly allow or permit any of the following persons to remain on the licensee's premises or to sell or give, or to permit to be sold or given, to any of the following any liquor:

1. A person who is intoxicated.

2. Any person having, carrying or exhibiting any knife, gun, pistol or other deadly weapon.

3. Any person whose conduct is tumultuous or offensive or who is threatening, traducing, quarreling, challenging to fight or fighting on or in the immediate vicinity of the licensee's premises.


C. It shall be unlawful for any licensee under the provisions of this Chapter, or any manager, bartender, servants, agents or other employees thereof, to be in an intoxicated condition in or about the licensees business premises while performing his duties in connection with the business. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112746
3-2-14: MINORS:linklink


A. Sales To Minors:

1. Sales Prohibited:

a. It shall be unlawful for any licensee or any bartender, manager, agent or any other person employed by any licensee to sell, serve, give away, furnish or dispense any kind of liquor to any minor. For the purpose of this subsection, a person shall be deemed to be employed by a licensee if he purports to have the authority to make sales, whether actually receiving a wage or not.

b. In any prosecution or proceeding for the suspension or revocation of any license based upon a violation of subsection A1a above proof that the defendant licensee or his agent or employee, demanded and was shown, immediately prior to furnishing any liquor to a person under the age of twenty one (21) years, bona fide documentary evidence of majority and identity of such person issued by a Federal, State, County or Municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registered certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces, is a defense to the prosection, or proceeding for the suspension or revocation of any license.

2. In all cases where any licensee or any person employed by any licensee, demands and is shown the documentary evidence of majority and identity specified in subsection A1b of this Section, the licensee shall, at the time of being shown the documentary evidence make a written record of at least the following information appearing on the identification document shown, which record shall be retained and reserved by the licensee for one year thereafter:

a. The type of card or evidence shown.

b. The government or subdivision or agency thereof issuing the evidence.

c. The serial or identification number of the document.

d. The person's full name, age or birth date and description as it appears on the identification card.

3. Penalty: Every person who knowingly:

a. Sells, gives or otherwise furnishes intoxicating liquors to any person under the age of twenty one (21) years; or

b. Leaves or deposits any intoxicating liquors in any place with the intent that the same shall be procured by any person under the age of twenty one (21) years; or

c. Furnishes, gives or causes to be given away any money or thing of value to any person under the age of twenty one (21) years with the knowledge that the money or thing of value is to be used by the person under the age of twenty one (21) years to purchase or procure any intoxicating liquor, is guilty of a City offense.

This subsection A2 does not apply to a parent, guardian or physician of the person under the age of twenty one (21) years.

As used in this subsection A2, "intoxicating liquor" means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquor or solid, patented or not, containing one-half of one percent (1/2%) or more of alcohol by volume and which is used for beverage purposes. (Ord. 91-14, 6-4-1991)


B. Prohibited Acts By Minors:

1. False Identification:

a. It shall be unlawful for any person, regardless of age, to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document which bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document should be used by a minor for the purpose of obtaining any alcoholic beverage or liquor orto sell, lend or give away any such card, writing, paper or document to a minor which could be used by a minor for the purpose of obtaining any alcoholic beverage or liquor.

b. It shall be unlawful for any minor to use or attempt to use or offer any counterfeit, forged, erased or obliterated card, writing, paper or document of the kind mentioned in subsection B1a of this Section, or to verbally falsely represent his or her age, or to use or attempt to use any other persons identification documents, for the purpose of obtaining any alcoholic beverage or liquor from any person within the City.

2. Purchase: It shall be unlawful for any minor to purchase, obtain, or receive in any manner within the City any liquor or alcoholic beverage of any kind from any person; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of such parent or guardian; further, except that a minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities.

3. Possession: It shall be unlawful for any minor to have in his or her custody or possession within the City any alcoholic beverage or liquor of any type or kind, except any sealed alcoholic beverage in the regular course of his or her legitimate employment.

4. Consumption:

a. It shall be unlawful for any minor to consume any kind of alcoholic beverage or liquor in or about the premises of any licensed establishment of the City or elsewhere within the City.

b. It shall be unlawful for any minor to be in possession of any kind of alcoholic beverage or liquor through consumption anywhere in the City; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of the parent or guardian; except that minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities. Possession by consumption shall consist solely of the assimilation of alcohol in the minor's body, and such crime shall not require proof of possession or control prior to consumption or proof of the act of swallowing an alcoholic beverage or liquor.

c. It shall be unlawful for any minor who has consumed any kind of alcoholic beverage or liquor at the direction and in the company of a parent or guardian in the home, to leave the home and go out into the City. Such a minor shall be guilty of possession through consumption as provided for in subsectionB4b of this Section.

d. For purposes of this Section, any peace officer may detain any minor whom the officer encounters under circumstances which reasonably indicate that the minor has committed or is committing one of the crimes enumerated in subsections B4a, B4b or B4c of this Section. At any time after this detention, the minor so detained shall be arrested if probable cause for an arrest appears. (Ord. 92-13, 9-15-1992)


C. Loitering:

1. No minor shall spend time in or remain in the bar area of the premises of any licensee hereunder where liquors of any kind are sold or served.

2. It shall be unlawful for any licensee hereunder or the bartender, manager, agent or any other employee of any licensee to knowingly allow or permit any minor to remain in the bar area of the premises of the licensee where liquor of any kind is sold or served.

3. Nothing in the this subsection C shall apply to:

a. The areas, other than the bar and gaming areas, of the establishments wherein liquor of any kind is sold at a bar in an establishment which operates and maintains dining tables or booths or lunch counters or hotel or motel accommodations or other types of businesses separate from the bar; or

b. Any grocery store or drug store where liquor of any kind is not sold by the drink for consumption on the premises.


D. Employment of Minors: It shall be unlawful for any licensee to employ any minor to sell or handle any liquor of any kind, or to permit any minor to handle such liquor in his place of business in any way, except that a person who has attained the age of sixteen (16) years but not yet eighteen (18) years, may be employed in a retail food store for the sale or disposition of liquor if he is supervised by a person who is eighteen (18) years of age or over, who is an owner or employee of the business which sells or disposes of the liquor, and who is actually present at the time the liquor is disposed of or sold, and the liquor is in a sealed or corked container or receptacle. Provided however, that grocery store, shopping center and super market licensees affording box boy or other delivery service from the place of sale to the conveyance of the purchaser shall be responsible under the foregoing prohibition only until the sale is completed, and that minors may nevertheless carry or transport liquors to the conveyance of the purchaser, in which event such purchaser shall be deemed to have assumed full and complete ownership of and responsibility for such liquor. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112747
3-2-15: SPECIAL EVENTS LICENSES:linklink


A. Any person in charge of a special event which is scheduled to be held in the incorporated City limited may apply to the City Clerk for a special events liquor or a special events beer and/or wine license.


B. The applicant for a special events liquor or a special events beer and/or wine license shall follow the procedures set forth in Section 3-2-3 of this Chapter with regard to the preparing and filing of an application for such license.


C. The application shall be accompanied by the appropriate license fee1 for the period for which the special events liquor or special events beer and/or wine license is sought.


D. The application shall be submitted to the City Clerk or the Deputy Clerk and must be approved by the Chief of Police or Assistant Chief of Police and either the City Manager/Engineer or Assistant City Manager or the City Clerk or Deputy Clerk.


E. If the special events liquor or special events beer and/or wine license application is rejected, the applicant shall have the right of appeal to the City Council. (Ord. 91-14, 6-4-1991; amd. 1993 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112748
3-2-16: SUSPENSION, REVOCATION, RESTRICTIONS OR CONDITIONS OF LICENSE:linklink


A. Authority; Grounds: The City Council upon its own motion and shall upon the verified complaint in writing of any person, investigate the action of any licensee under this Chapter and shall have power to cancel, temporarily suspend for such a period of time as it deems advisable, or permanently revoke a license or place such restrictions and conditions upon a license as it shall deem necessary or advisable, for any one of the following acts or omissions:

1. The failure to make timely payment of license fees and penalties, or either of them; provided, however, no action by the City Council shall be necessary in the event of nonpayment of license fees and penalties on or before the fifteenth day of the month in which they came due as provided in this Chapter; or

2. The misrepresentation of any material fact by the applicant in obtaining a license under this Chapter; or

3. If any one of the licensees named in a license violates or causes or permits to be violated any of the provisions of this Chapter; or

4. If any manager, bartender, agent, servant, officer or employee of a licensee hereunder violates or causes or permitsto be violated any of the provisions of this Chapter while acting in any way in connection with the licensee's business; or

5. If any one of the licensees named in a license commits any act which would be sufficient grounds for the denial of an application by such licensee for a license under this Chapter; or

6. If any one of the licensees named in a license or any manager, agent, bartender, servant, officer or employee of a licensee refuses to permit the Chief of Police or any policeman or any other duly authorized representative of the City to visit and reasonably inspect every part and portion of the licensee's premises, or refuses or fails to furnish the Chief of Police or any policeman or officer of the City upon request with all facts and information within his knowledge concerning any offense committed in or about the premises and the parties involved and the witnesses thereto; or

7. If any one of the licensees named in a license violates any of the agreements, conditions or terms contained in the application for a license, this Chapter or the license issued pursuant hereto; or

8. If any one of the licensees named in a license violates or causes or permits to be violated any ordinance of the City or any law of the State or of the United States of America regulating the sale, serving or dispensing of liquors; or

9. If the licensee or any agent or employee thereof makes, causes or permits a sale or sales of any kind of liquor other than that authorized by the class of license the licensee holds.


B. Procedures:

1. Complaint; Citation: Except in cases of the automatic cancellation or revocation of a license as in this Chapter provided, upon the filing with the City Council of a verified complaint charging a licensee with the commission, within one year prior to the date of filing the complaint, of any act or omission which is cause for cancellation, suspension, revocation, restriction or conditioning of a license, the City Council forthwith shall issue a citation directing the licensee, within five (5) days after service thereof upon the licensee, to appear by filing with the City Council the licensee's verified answer to the complaint showing cause, if any the licensee has, why his license should not be cancelled, suspended, revoked, restricted or conditions placed thereon. Service of the citation with a copy of the complaint shall be made upon the licensee in one of the following manners:

a. By personal service upon any one or more of the persons named in the license as a licensee, service upon one licensee being deemed service upon and notice to all licensees named inthe license, service to be made by the Chief of Police or any police officer of the City or by the Sheriff of Elko County, or his deputy, or by any disinterested citizen of the United States over twenty one (21) years of age; or

b. By mailing by depositing in the United States mail a copy of the citation with a copy of the complaint enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at the latest address of record in the City Clerk's office. Service shall be deemed complete upon the date of mailing. Without excluding other ways of proof, proof of service by mailing and the date thereof may be made by an affidavit of mailing or by proof of mailing by registered mail or certified mail.

2. In case a corporation is a licensee, then such service above specified may be upon the president, or other head of the corporation, or the secretary, managing agent, resident agent or any other officer thereof. In case of service by mailing it may be addressed to the corporation or to any of the said officers, managing agent or resident agent thereof at the latest address of record in the City Clerk's office.

3. Failure of the licensee to answer within the time specified shall be deemed an admission by the licensee of the commission of the act or acts or omissions charged in the complaint and a waiver of all defenses the licensee may have to such charges. Upon such failure to answer, the City Council shall revoke the license and shall give notice of such revocation by mailing a copy thereof, by United States mail in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at the latest address of record in the office of the City Clerk.

4. Hearing; Decisions:

a. Upon the filing of an answer by the licensee, the City Council shall fix the time and place for a hearing and give the licensee and the complainant not less than two (2) days' notice thereof. The notice may be served by depositing in the United States mail a copy of the notice enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee and to the complainant, respectively, at their latest addresses of record in the office of the City Clerk. With the notice to the complainant there shall be attached to or enclosed a copy of the answer. If either party has appeared by an attorney, notice shall be given to the attorney instead of to the party. In the event the City, the City Council, the Chief of Police, the City Attorney or any other City officer or representative acting by or on behalf of the City is the complainant, the notices to and service of answer upon the complainant herein called for shall be dispensed with.

b. At the hearing the complainant and the licensee may appear in person or by attorney, or both, and present relevant evidence and witnesses. After the hearing is concluded and the matter submitted, the City Council shall, at that meeting orat its next regularly scheduled meeting after such submission, render its decision which must be made by the vote of a majority of the members present at the meeting. The City Council shall:

(1) Revoke or cancel the license; or

(2) Suspend the license for such a period of time as the City Council deems advisable; or

(3) Place such restrictions upon the license, the licensee and/or the licensee's place of business as the City Council deems advisable; or

(4) Make the license and the continued force and effect thereof conditioned upon such terms and conditions as the City Council shall deem advisable.

5. If in the opinion of a majority of all the members elected as Councilmembers of the City the charges set forth in the complaint have not been established or proved they shall dismiss the complaint.

6. Alteration Of Times: The City Council may, upon stipulation of the complainant and the licensee, shorten or extend the times herein set in connection with notices, pleadings and hearings.


C. Summary Suspension Of License: Notwithstanding any other provision of this Chapter, the City Council shall have the right and power to suspend summarily any license issued pursuant to this Chapter in cases appearing to it to be of an aggravated or flagrant violation of this Chapter, or of the laws of the State relating to liquors; provided, however, that the City Council shall not summarily suspend any license unless the City Council finds that such action is immediately necessary for the preservation of public health, welfare, safety and morals of the inhabitants of the City. Such order of suspension shall remain effective until further order of the City Council of final disposition of the charges upon which the order is based. In the event of a suspension without prior notice, every licensee shall immediately be given notice in writing of the reason or reasons for such suspension, which shall include a specification of the acts or omissions alleged against the licensee. The licensee shall be given an opportunity to be heard at a meeting of the City Council at which hearing the licensee may appear in person or by attorney, or both, and present a reasonable number of witnesses to show cause, if any there be, why the license should not be revoked. Notices shall be served and given, the answer filed and the hearing conducted in the manner and under the procedures provided in subsection B of this Section. The licensee may waive the time specified for a hearing and such hearing may be held at any time agreed upon by the licensee and the City Council; provided, however, that nothing herein shall be construed to limit the right of the City Council toproceed with revocation proceedings.


D. Revocation Of License Through Nonuse: In the event a holder of a license, other than one prevented or prohibited from operating by City Council action, shall discontinue business for more than thirty (30) days without the specific approval of the City Council, such license shall be revoked automatically, without action of said City Council on the day following said thirty (30) day period.


E. Reinstatement Of Licenses: When, in the opinion of the City Council, a licensee has shown proper cause, the City Council may reinstate any license which has been previously cancelled or suspended and may remove, change or modify all or any restrictions or conditions which have been set pursuant to this Chapter. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112749
3-2-17: PENALTIES:linklink


A. Every person violating any of the provisions of this Chapter shall, upon conviction therefor, be punished as provided in Title 1, Chapter 4 of this Code. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.


B. No civil judgment or any act or suit by the City Attorney, the City Clerk or the violator shall bar or prevent a prosecution for each and every violation of this Chapter. (Ord. 91-14, 6-4-1991)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13368#s112750


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See Section 3-1-4 of this Title.