Chapter 4
LIQUOR REGULATIONS AND LICENSESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802
2-4-1: PURPOSE AND INTENT; LICENSE REQUIRED; ISSUANCE PROHIBITED TO DESIGNATED PERSONS:
2-4-2: DEFINITIONS:
2-4-3: LICENSE APPLICATION PROCEDURE AND FEES:
2-4-4: SCOPE OF LICENSES AND PERMITS:
2-4-5: SEMIANNUAL LICENSE, DUE DATE; EXISTING LICENSES, CHANGE OF EXPIRATION DATE, PRORATION:
2-4-6: CONDITIONS APPLYING TO SPECIFIC LICENSE CLASSIFICATIONS:
2-4-7: LICENSE APPLICATION, CONTENTS; GENERALLY:
2-4-8: LICENSE APPLICANT; BUSINESS PREMISES REQUIRED:
2-4-9: LICENSE APPLICANT; PROVISIONS FOR CORPORATION, LIMITED PARTNERSHIP, AND LIMITED LIABILITY COMPANY (LLC):
2-4-10: FINDING OF SUITABILITY:
2-4-11: INVESTIGATION REQUIRED; FEES:
2-4-12: NO REFUND ON INVESTIGATION FEE:
2-4-13: WITHDRAWAL OF APPLICATION; REFUND:
2-4-14: PREVIOUSLY INVESTIGATED; WHEN FEE WAIVED:
2-4-15: LICENSE; CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY; CHANGES IN MEMBERSHIP:
2-4-16: KEY EMPLOYEES:
2-4-17: ADDITIONAL INFORMATION WHICH MAY BE REQUIRED:
2-4-18: LICENSE ISSUANCE RESTRICTIONS; PROXIMITY OF TAVERNS SPECIFIED:
2-4-19: LICENSE CONVERSION OR TRANSFER OF LOCATION, RESTRICTIONS; LIQUOR LICENSE ORIGINATION FEE AND PROCESSING FEE:
2-4-20: LICENSE, PERMIT; TRANSFER OR ASSIGNMENT; DEATH OF LICENSEE PROVISION:
2-4-21: COMMENCEMENT; NONOPERATIONAL STATUS OF BUSINESS:
2-4-22: LICENSEE'S OR PERMITTEE'S AGREEMENT TO CONFORM TO LAW:
2-4-23: ORIGINATION FEES AND LICENSE RENEWAL RATES:
2-4-24: LICENSE FEES; PRORATION, WHEN APPLICABLE:
2-4-25: LICENSE ORIGINATION AND SEMIANNUAL FEES MODIFICATION:
2-4-26: PENALTIES; REVOCATION; REINSTATEMENT:
2-4-27: RECLASSIFICATION/CONVERSION OF EXISTING LICENSES:
2-4-28: SPECIAL EVENTS PERMITS:
2-4-29: LICENSE ISSUANCE MORATORIUM:
2-4-30: LAND USE AND LOCATION REQUIREMENTS; CONFORMANCE WITH TITLE NINE OF THIS CODE:
2-4-31: DISTANCE LIMITATIONS FOR ALCOHOLIC LIQUOR LICENSES:
2-4-32: INTERIOR LIGHTING:
2-4-33: DISTRIBUTING OFF PREMISES PROHIBITED:
2-4-34: INTOXICATION ON PREMISES OF LICENSEE OR EMPLOYEES:
2-4-35: PROVIDING TO INTOXICATED PERSON PROHIBITED:
2-4-36: DISTRIBUTING TO MINOR; ESTABLISHMENT OF POLICY; COPY ON PREMISES; REQUIREMENT TO SHOW:
2-4-37: MINOR EMPLOYMENT IN LICENSED ESTABLISHMENTS:
2-4-38: APPLICATION OF OTHER ORDINANCES:
2-4-39: LICENSED PREMISES; COSTUMES OF MALE AND FEMALE EMPLOYEES:
2-4-40: LICENSED PREMISES ENTERTAINMENT RESTRICTIONS; APPLICATION:
2-4-41: ENFORCEMENT POWERS:
2-4-42: LICENSE SUSPENSION, REVOCATION, LIMITATION:
2-4-43: LICENSEE RESPONSIBLE FOR THE ACTS OF EMPLOYEES:
2-4-44: VIOLATION; PENALTY:

2-4-1: PURPOSE AND INTENT; LICENSE REQUIRED; ISSUANCE PROHIBITED TO DESIGNATED PERSONS:linklink


A. The city council declares that this liquor control chapter is an exercise of the regulatory powers delegated to the council by the state of Nevada pursuant to Nevada Revised Statutes 268.090, inter alia.


B. The public health, safety, morals and welfare of the inhabitants of the city require the regulation and control of all persons and establishments engaged in the business of alcoholic liquor sales. All such persons and establishments as defined in this chapter shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city and to safeguard the public.


C. The right to obtain such license is a privilege and the operation of such alcoholic liquor sales facilities, when authorized by such license, is a privileged business subject to regulations. The license may be revoked for violation of the conditions of this chapter, the laws of the state of Nevada, other ordinances of the city, or for any other cause deemed sufficient by the council in the exercise of its sole discretion.


D. In conformity with the policy of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter:

1. A person who does not possess or who does not have a reputation for possessing a good moral character;

2. A person who is under the age of twenty one (21) years;

3. A person who has been convicted of a crime of moral turpitude;

4. A person who the city council, after investigation, determines is not a suitable person to receive or hold a license, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city;

5. A person who illegally resides in the United States;

6. A person whose license, issued under the provisions of this chapter or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of liquor sales, has been revoked for cause;

7. A person who, at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application;

8. A partnership, limited partnership, association or limited liability company, unless all of the managers and members of such partnership, limited partnership, association or limited liability company are qualified and have obtained a license;

9. A corporation, if an officer or director thereof would not be eligible to receive a license for any reason other than citizenship and/or residency;

10. A corporation or limited liability company, unless it is incorporated or organized in the state of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada;

11. A person whose place of business is controlled by a manager or agent unless such manager or agent possesses the same qualifications required of an individual licensee;

12. A person who does not beneficially own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be used;

13. A person who is not a beneficial owner of the business to be operated by the licensee.


E. In conformity with the policy of this chapter, the council may deny a license upon its discretion when:

1. In the judgment of the council, the granting of such license may tend to create or constitute a public nuisance;

2. By granting of such license, a disorderly house or place may be maintained;

3. The granting of such license may seriously and adversely affect the valuation of neighboring, adjoining, and/or contiguous property;

4. The council, after investigation, is satisfied that the applicant is not a fit and proper person to operate the business contemplated by his application;

5. In the judgment of the council there are ample and sufficient licensees and establishments in the area or place for which the license is to be used to properly serve such area or place; or

6. For any other good and sufficient reason.


F. Any business in existence on the effective date hereof which does not conform to the provisions of this chapter shall be deemed a nonconforming use and shall be subject to title 9 of this code. (Ord. 402, 7-8-2008, eff. 7-31-2008)

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2-4-2: DEFINITIONS:linklink

Whenever used in this chapter, the following words must have the meanings ascribed in this section, unless the context clearly indicates a different meaning:

ADMINISTRATOR: The city manager for the city of Mesquite or his designee.

ALCOHOL: A product of distillation of any fermented liquor, rectified either once or more often, whatever may be the origin thereof, and includes synthetic ethyl alcohol.

ALCOHOLIC LIQUOR OR LIQUOR: The four (4) varieties of liquor, namely, alcohol, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol and intended for consumption by human beings as a beverage.

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

BILLIARD HALL: A building, part of building, or other structure kept, used, maintained, advertised or held out to the public to be a place where the game of billiards or pool may be played and which maintains for play a minimum of twelve (12) pocket billiard tables of either the full standard size of four and one-half feet by nine feet (41/2' x 9'), the bar size of three and one-half feet by seven feet (31/2' x 7'), snooker tables or any combination thereof.

BREWPUB: An establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of Nevada Revised Statutes 597.230 as may be amended or renumbered.

CATERING: A business which:


A. Prepares food at a licensed location for delivery or service to consumers in the city, and may, in conjunction therewith, provide the service of alcoholic liquor; or


B. Delivers or serves alcoholic liquors from a licensed location to consumers in the city or at a banquet reception hall located in the city which is operated by the catering business.

CITY: The city of Mesquite, Nevada, a municipal corporation.

DEMONSTRATION MEAL EVENT: An event held at a restaurant with bar or resort hotel wherein a special meal is prepared and served, with or without a fee, to invited guests only, that is not open to the public and wherein beers, wines, or spirit based products are sampled at various stages of the meal and made available for sale for off premises consumption at the time of the event.

DIVISION: The business license division of the city.

ESTABLISHMENT: Any real property including any buildings, improvements, equipment, facilities and parking lots used or maintained in connection with the operation of a business.

FINDING OF SUITABILITY: Means that, after investigation, a person is found to comply with the requirements of this chapter which are a prerequisite to involvement with an alcoholic liquor license. This chapter authorizes the city council to require that certain persons who are directly or indirectly involved with alcoholic liquor licenses be found suitable for such involvement so long as that relationship continues. A finding of suitability relates only to the specific involvement for which it is made. If the nature of the involvement changes from that for which the applicant is found suitable, or if, in the judgment of the city council, new information concerning the applicant's suitability has become available, he may be made to submit himself for a new determination of suitability.

FULL: As used in full on-sale or full off-sale, means the sale or serving of any or all of the alcoholic beverages.

GROCERY STORE: A business located in a building or in a portion of a building which is primarily engaged in the sale of household goods and food items, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry.

HOTEL: Every building or other structure kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered at daily rates to transient guests. For purposes of this chapter, hotels must have a minimum of ninety (90) rooms used for sleeping accommodations in a single or connected structure where access to the sleeping rooms is through a foyer and hallways.

KEY EMPLOYEE: Any executive, manager, employee, agent, officer, or director of an alcoholic liquor licensee having the power to exercise significant influence or control over decisions concerning any part of the operation of the business or a manager charged with the day to day operations of the business.

LICENSE: Any license issued by the division pursuant to this chapter which authorizes the person to engage in any of the alcoholic liquor businesses as defined herein.

LICENSEE: Any person to whom a valid alcoholic liquor license has been issued and is used in this chapter in the plural as well as in the singular.

LICENSEE FEE: Any monies required by law to be paid to obtain or renew a license.

LIQUEUR: A distilled liquor produced by combining a base spirit with fruits or herbs and sweetened with sugar syrup; usually considered an after meal drink.

LIQUOR CATERING: Dispensing, serving, or selling alcoholic beverages only for consumption on the premises where the same are dispensed, served or sold during the event for which the caterer has been hired; provided, however, that a caterer's services are performed between diverse locations on a shifting and intermittent basis as opposed to a permanent location.

LIQUOR LICENSE ORIGINATION FEE OR ORIGINATION FEE: A onetime fee, which is due and payable prior to issuance of a new alcoholic liquor license applied for after the effective date hereof in accordance with sections 2-4-23 and 2-4-26 of this chapter. The fee shall not be required on a change of ownership.

MEALS: The usual assortment of foods commonly ordered at various hours of the day from a preprinted menu. Establishments with menus limited to foods such as sandwiches, items commonly known or thought of as fast food, or salads only, are not considered to meet meal service requirements.

MOTEL: Every building or other structure kept, maintained, advertised, or held out to the public to be a place that provides five (5) or more rooms as sleeping accommodations offered at a daily rate to transient guests where access to the rooms is gained from the outside.

NONPROFIT CLUB: A nonprofit organization classified in one of the categories defined in section 501 of the United States internal revenue code as being exempt from payment of federal income tax or duly organized pursuant to Nevada Revised Statutes as a nonprofit organization, that owns, rents or leases a building or space suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, but does not include associations organized for any commercial or business purpose.

NONRESTRICTED GAMING: Shall have the same meaning as contained in Nevada Revised Statutes 463.0177, or as may be amended or renumbered.

OFF-SALE: The sale of alcoholic beverages in original sealed or corked containers for consumption off the premises where the same are sold or given away.

ON-SALE: The sale or serving of alcoholic beverages for consumption on the premises where the same are sold or given away.

OPERATION: The conduct of any business regulated or licensed by this chapter.

PREMISES: Establishment.

RESORT HOTEL: Shall have the same meaning as contained in Nevada Revised Statutes 463.01865, or as may be amended or renumbered.

RESTAURANT WITH BAR: A place or space in a suitable building kept, used, maintained, advertised and/or held out to the public to be a place in which the primary business is to serve meals and has food available for service during all times that liquor is sold and wherein there is a separation between the bar/lounge area and the dining area by a barrier sufficient to exclude minors from the bar/lounge area. The seating capacity where food is served must accommodate fifty (50) or more persons at one time.

RESTRICTED GAMING: Shall have the same meaning as contained in Nevada Revised Statutes 463.0189, or as may be amended or renumbered.

SERVICE BAR: A place at which drinks are prepared for service by employees to patrons away from the service bar area. A service bar does not permit sales directly to customers and must not include any sit down bar/lounge area. Service bars are permitted in hotels, restaurants, and in casinos.

SPECIAL EVENT PERMIT: A permit which authorizes the permittee to sell, serve, or give away alcoholic liquor for consumption only on the premises for which the permit is issued, in accordance with this chapter and chapter 12 of this title, and only for such time as specified on the permit, but not to exceed five (5) consecutive calendar days in length, unless otherwise approved in accordance with this chapter, and further provided that said permit has first been approved by the city manager.

SPIRIT BASED PRODUCTS: A distillate obtained from the fermentation of the natural contents of fruits or other agricultural products containing natural or added sugar and which contains not more than ten percent (10%) of alcohol by volume. For purposes of this chapter, spirit based products must be in the same classification as beer and wine.

TAVERN: A place where the primary business is the service or sale of alcoholic liquors at retail by the drink to the general public and is a place wherein no other business, except gaming, nongambling games (e.g., pool, darts, etc.) or a dance hall is conducted. A tavern may sell or give away cigars, cigarettes, tobacco, nuts, jerky, popcorn, potato chips, short order menus and pretzels. A restaurant or lunch counter may be operated in the same building with a tavern.

WHOLESALE/IMPORT: A business in which the owner is authorized to sell liquor as it is originally packaged to retail establishments or other wholesalers or is authorized to be the first person in possession of alcoholic liquors within the state after completion of the act of importation into the state of Nevada. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281448
2-4-3: LICENSE APPLICATION PROCEDURE AND FEES:linklink


A. Processing Fee: After the issuance of a license pursuant to this chapter, each licensee shall pay, in addition to all other fees, a semiannual license renewal processing fee of fifty dollars ($50.00).


B. Application Contents And Requirements For Applicant: A liquor license is a privilege and shall not be issued for the operation of any liquor establishment unless the applicant for such license carries the burden of proving his suitability to receive and maintain said license.

1. Other Interests And Personnel: All applicants for an original or renewal license for a liquor establishment shall make application therefor by petition to the city council and by filing same with the city manager, stating in writing the name and address of the general manager or managers of the business and those persons who are directly authorized by the owner to exercise supervision and control and to establish policies for the operation of said business. Where there is more than one owner of such an establishment, the names of all such persons owning an interest in such business shall be listed on the application, together with a statement as to the percentage of such business owned by each individual. If from the preceding quarter there has been no change in ownership, it will suffice for the applicant for a renewal license to state on the application "no change".

2. Corporations:

a. Application: In all cases where the applicant for an alcoholic liquor license is a corporation, the names and addresses of the officers or directors of the corporation shall be listed on the application. In all such cases, the city manager shall determine who of the principal officers and directors of such corporation shall present themselves at the city police agency for fingerprinting. It shall also be necessary, in instances where a corporation is an applicant for an alcoholic liquor license (of any of the several types enumerated herein), to state in the application for such license the names and addresses of any or all persons, corporations or their nominees who own two percent (2%) or more interest of the stock of such corporation. In addition to the foregoing information, such application shall contain such further information as the city council, by rule or regulation not inconsistent with law, may prescribe.

b. Changes In Corporate Officers, Directors And Stockholders: In the case of a corporate licensee, any and all changes in the officers, directors or stockholders owning in the aggregate more than two percent (2%) of the stock of such corporation shall be reported to the city manager within thirty (30) days of the appointment or election of such officers and directors, or acquisition by such stockholders, as the case may be, and such officers, directors and stockholders shall be required to qualify for a license as required herein.

3. Personal Data: The following personal data shall accompany the application: If the applicant is an individual, his name and place of residence, whether or not he is a citizen of the United States, whether or not he is a bona fide resident of Clark County and a registered voter of the state of Nevada, whether or not he has within five (5) years, been convicted of a felony or for any other crime which would be considered a felony under the laws of the state of Nevada, or gross misdemeanor or misdemeanor involving moral turpitude.

4. Background Investigations For Liquor Registration Card Applicants And Liquor License Applicants:

a. Fingerprint Based Background Checks For Liquor Registration Card Applicants:

(1) All owners, managers and stockholders actively engaging in the management of a liquor establishment, including all persons who are directly authorized by the owners to exercise supervision and control of, and to establish policies for, the operation of said business, and all employees thereof must present themselves for fingerprinting in the office of the city police agency and secure a registration card from the city police agency prior to operating the establishment, and the registration must be carried upon the person at all times, must remain current, and is nontransferable. Each individual subject to this provision shall provide a full set of fingerprints and a nonrefundable fingerprinting fee of forty five dollars ($45.00). Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency, which shall render fitness determinations. No person shall be employed by any applicant without first complying with the provisions of this subsection. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.

(2) The registration card may be suspended without notice but shall not be revocable by the city without cause, and then only after notice and hearing.

b. Fingerprint Based Background Checks; Interrogation By City Council:

(1) Fingerprint Based Background Checks: No license shall be issued for the operation of any liquor establishment unless the applicant presents himself to the city police agency for fingerprinting. Each applicant shall provide a full set of fingerprints. Fingerprint data will be used to conduct a state and national criminal records check. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city of Mesquite, which shall render a fitness determination regarding the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.

(2) Interrogation By City Council: Any and all persons required to be fingerprinted under the terms of this chapter shall be required to answer any and all questions deemed appropriate and necessary by the city council pertaining to such application, or the fitness of any persons connected as owners, part owners, officers, managers or administrative assistants of any establishments applying for a liquor license.

5. Confidentiality:

a. Fingerprint Related Information: All fingerprinting required to be taken under the terms of this chapter and all other information obtained by reason of the fingerprints shall be maintained by the city police agency in a confidential file to be open for inspection only by the city council and law enforcement officers; provided, however, the applicant may waive the requirements of this subsection and by such waiver permit interrogation of the applicant, at any meeting of the city council, concerning any matters contained in the application or information obtained in the course of an investigation.

b. Nonfingerprint Related Information: All information other than criminal history information, of a confidential nature supplied under the terms of this chapter shall be maintained by the city manager, in a confidential file, to be open for the inspection only by city officials and law enforcement officers; provided, however, the applicant may waive the requirements of this subsection and by such waiver permit interrogation of the applicant, at any meeting of the city council, concerning any matters contained in the application or information obtained in the course of an investigation.


C. Application By Petition; Investigation:

1. Every person wishing to engage in the business of operating a liquor establishment permitted by law shall make application by petition to the city council for a license of the kind desired and shall file the application, together with the required license fee, with the city manager, who shall present the application to the city council at its next regular meeting. The council shall refer the petition to the city manager for investigation of the suitability of the applicant. If the council determines, upon a three-fourths (3/4) vote of the members present, that an investigation of the suitability of the applicant is unnecessary, it may approve or deny the application upon a three-fourths (3/4) vote of the members present, for approval or denial. The city council may waive all or part of the investigation if the applicant is a gaming licensee in good standing with the Nevada gaming commission or if the licensee holds a liquor license in good standing in Clark County or another incorporated city in Clark County. If the city council determines that an investigation of the suitability of the applicant is warranted, the applicant shall pay to the city manager any additional required investigation fees, and the city police agency shall forthwith conduct an investigation of suitability. The investigation shall be completed in the shortest possible time.

2. Upon completion of the investigation, the city manager shall immediately refer the application to the city council at its next regular meeting, together with the findings and all facts upon which the findings are based. The findings and all facts upon which it is based are privileged and confidential to the city council only.

3. All investigated applications shall be read at the next meeting of the city council after the completion of the investigation. The application may be acted upon by the city council at any regular or recessed regular meeting thereof or at any special meeting thereof duly called and noticed as hereinafter provided.


D. Investigation Of Gaming Applicants For Liquor License: Applicants and the principals of applicants for a liquor license at the same premises, which are also concurrently applying for a city gaming license, shall only be required to the extent determined by the city council pursuant to requirements of city gaming regulations1.


E. Temporary License On Transfer Of Ownership: After an application is made for a liquor license, if such is made in contemplation of the sale of an existing licensed liquor establishment, the city manager may, if he preliminarily finds that such application or applicants are of good moral character, issue a temporary license for a period of not to exceed ninety (90) days. The application for temporary license upon transfer of ownership will only be considered complete after receipt by the city of all required liquor license and personal suitability application forms, all processing and investigative fees paid, all required documentation evidencing the ownership and management of the applicant entity, and all required documentation evidencing real and/or personal property ownership rights to the proposed liquor establishment premises.


F. Investigation Fees:

1. Fees Enumerated:

a. Alcoholic Liquor License: Except for applicants for a nonprofit club liquor license, an individual, corporation, partnership or association filing an application for an alcoholic liquor license of any of the several types enumerated herein, other than a club license, shall deposit with the city manager an investigation fee in the amount of two hundred fifty dollars ($250.00) per person to be investigated for the first three (3) persons to be investigated and one hundred dollars ($100.00) for each additional person to be investigated.

b. Nonprofit Club Liquor License: If the application is for a nonprofit club liquor license, the investigation fee shall not be less than one hundred dollars ($100.00).

c. Actual Cost: In addition to the fees required to accompany the application, the applicant shall be required to pay the city the actual cost incurred by the city or its designated agent to complete the necessary investigations. The city council may require payment of the supplementary investigative fee in advance as a condition precedent to beginning investigation.

2. Refund Or Waiving Of Fees:

a. The city council will not take final action with respect to any application until all investigative fees have been paid in full. In the event the city council has obtained an additional investigative fee, which is in excess of the amount expended for investigation, the amount shall be refunded to the applicant upon request.

b. The city council may, in its discretion, waive payment of an investigative fee when all parties to an application have been licensed, or approved as stockholders of a corporate licensee within the past year.

c. In the event the applicant is denied a license after investigation, charges deposited or paid shall be forfeited and all outstanding costs incurred by the city for investigation shall be paid.

d. If the applicant withdraws application prior to the beginning of investigation, posted deposits shall be returned to applicant.

e. In the event any person is an applicant or member of a group of applicants, and such person has been previously investigated by the city council and has held a license within a preceding period of one year, an investigation fee may not be required.

3. Transfer Or Hire Of Key Employees Or Management Personnel: Upon initial hire by or transfer of any key employee or management personnel from one licensed gaming establishment to another, or upon the hiring of any new key employee or management personnel, a letter from the licensee's establishment to which the transfer or hire is supposed to be made setting forth the name, work classification and the previous approval of said transferred personnel, if any, will be sufficient application to present to the city council, and the transfer fee of fifty dollars ($50.00) shall be charged for the same. A list of all newly hired or transferred key employees or management personnel will be reported to the city by the licensee in the next occurring quarterly payment of license fees to the city and at the time of renewal of the liquor license of the hotel resort and casino.


G. Resubmission Of Disapproved Location: If the city council is not in favor of licensing the particular location or applicant as proposed by the applicant, request for approval of the same location or applicant cannot be resubmitted for six (6) months. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281449
2-4-4: SCOPE OF LICENSES AND PERMITS:linklink

A license or permit issued pursuant to this chapter authorizes the licensee or permit holder to exercise only those privileges expressly permitted pursuant to this chapter for the specific classification of license or permit issued and only on the premises identified in the license or permit. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281450
2-4-5: SEMIANNUAL LICENSE, DUE DATE; EXISTING LICENSES, CHANGE OF EXPIRATION DATE, PRORATION:linklink


A. All existing and valid licenses shall be assessed a semiannual fee.


B. Each semiannual fee is due in advance on January 31 and July 31 each year.


C. All existing alcoholic beverage licenses on the effective date hereof shall expire semiannually on January 31 and July 31 of each year.


D. All existing alcoholic beverage licenses on the effective date hereof shall be converted to the amended classification and be prorated for the advance semiannual fee due and payable on July 31, 2008. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281451
2-4-6: CONDITIONS APPLYING TO SPECIFIC LICENSE CLASSIFICATIONS:linklink


A. A billiard hall may obtain an on-sale beer, wine or spirit based products license only and may not have more than five (5) slot machines or gaming devices.


B. All brewpubs are subject to the following conditions:

1. A freestanding brewpub, or an independently owned brewpub located within a non-restricted or limited gaming location shall be licensed as a tavern.

2. The operation of a brewpub located in and owned or operated by a non-restricted or restricted gaming licensee shall be covered under the licensee's non-restricted/restricted gaming liquor license.


C. A catering liquor license is required by any business or nonprofit organization engaged in the catering of liquor.

1. All annual liquor catering licensees must submit a liquor catering event permit at least two (2) business days prior to catering an event within the City of Mesquite.

2. A business or nonprofit may choose to hold a daily liquor catering license as part of a special event permit provided the event is approved by the City Manager through the special event permit process. In such cases, there will be a one hundred fifty dollar ($150.00) fee added to the special event permit. The business interested in providing any type of alcohol for the event must hold a valid liquor license and must be approved by the City Manager to cater the event.


D. A nonprofit club liquor licensee must be a duly chartered nonprofit organization and is subject to the following:

1. Only club members, auxiliary members and their bona fide guests are permitted service in such club; provided, however, that the club may service its own functions and functions of others or organizations wherein a minimum of twenty five (25) persons are attending such function.

2. Applicants for this class of license must present written proof of the organization's nonprofit status at the time of submission of the application.

3. To maintain this license, the organization must maintain nonprofit status for the duration of use. Proof of such status must be shown to the Administrator or his designee upon request.


E. Off-sale licenses are subject to the following conditions:

1. Off-sale licenses must meet the distance restrictions of section 9-8-8 of this Code.

2. The sale or purchase of liquor and/or beer, wine and spirit based products through drive-up or drive-through window is prohibited.

3. The sale of liquor other than beer, wine, and spirit based products, in a convenience store, gasoline sales establishment, or other similar business, is prohibited, except as approved by the Governing Body through a conditional use process in conformance with applicable zoning.

4. All locations which have been granted a valid off-sale liquor license prior to the passage of this section are exempt from the provisions of this subsection until such time as there is any change in ownership or location of such business.

5. The off-sale of beer, wine, and spirit based products is permitted at a restaurant with bar or resort hotel with no additional origination fee or license fee if the sale is done as part of and at the time of a demonstration meal event.


F. On-sale liquor license shall be issued to the following business types:

1. Dance halls. The license must be issued to the business owner and the business owner is responsible for actions occurring in the facility regarding any and all liquor and/or beer, wine, etc.

2. Banquet facilities or convention centers.

3. A sports arena.

4. Other business to be considered upon application. License Clerk will assess the application and issue an appropriate license category. The applicant may appeal to City Council within thirty (30) days.


G. Restaurants with service bar are subject to the following conditions:

1. All alcoholic liquor must be served with meals at tables or booths in the dining room area from a service bar only. A lounge or bar area where alcoholic liquors are sold, served or given away to patrons or the general public by the drink is prohibited.

2. It is the intent of this section that gaming or the service of alcoholic liquor is merely an adjunct to the meals offered and that the restaurant must not be advertised or otherwise held out to be a drinking, gambling or any other type of establishment.

3. The restaurant must have a seating capacity of more than fifty (50) persons at one time.

4. All existing restaurants that serve liquor and/or beer, wine and spirit based products and do not have a bar/lounge area, shall be considered a restaurant as defined in section 2-4-2 of this chapter. Any change in operation which would create a bar/lounge area shall be subject to the requirements of subsection H of this section.


H. Restaurants with bar are subject to the following conditions:

1. Meals are to be served during all hours that the bar/lounge is open for business and a cook and food server other than the bartender must be on duty at all such times.

2. The restaurant with a bar shall conform to the requirements of title 9 of this Code as it relates to zoning and land use regulations for restaurants with bar.

3. It is the intent of this subsection that gaming or the service of alcoholic liquors is merely an adjunct to the meals offered and that the restaurant must not be advertised or otherwise held out to be a drinking, gambling, or any other type of establishment.

4. The restaurant must have a seating capacity of more than fifty (50) persons at one time.

5. Existing restaurants with bar which do not comply with the provisions of title 9 of this Code as it relates to regulations for restaurants with bar shall be deemed nonconforming and shall be subject to license renewal as long as the licensee remains suitable. Such nonconforming licenses may not be expanded or enlarged unless the expansion or enlargement is in conformance with the provisions and requirements of title 9 of this Code.


I. The license for the sale of alcoholic liquor must not be granted to an establishment whose business or primary business or interest is that of a motel, or whose building or proposed construction is primarily intended for a motel business.


J. All restricted gaming liquor licenses are subject to the following:

1. A restricted gaming liquor license is only available to an establishment holding a restricted gaming license as defined in Nevada Revised Statutes 463.0189, or as may be amended or renumbered.

2. Such license only authorizes the sale of alcohol for on premises consumption.


K. All taverns are subject to the following conditions:

1. Taverns must meet the distance restrictions of section 9-8-8 of this Code.

2. Taverns may have a Class A slot machine license, nongambling games (e.g., pool, darts, etc.), and/or a dance hall, but shall have no other business.

3. A tavern may sell or give away cigars, cigarettes, tobacco, nuts, jerky, popcorn, potato chips, short order menus and pretzels.

4. A restaurant or lunch counter may be operated in the same building as a tavern.


L. Wholesale/import liquor licenses are subject to the following:

1. The business may not be located in a residential neighborhood.

2. The business must maintain a warehouse and office space sufficient to store at one time either:

a. A stock of alcohol equal to ten percent (10%) or more of its annual gross volume of alcohol sales to retailers within this State, or

b. A stock of beer, wine or spirit based products equal to ten percent (10%) or more of its annual gross volume of beer, wine, or spirit based products sales to retailers within this State, or

c. A stock of alcohol whose cost of acquisition is fifty thousand dollars ($50,000.00) or more, or

d. A stock of beer, wine, and spirit based products whose acquisition is ten thousand dollars ($10,000.00) or more.


M. Beer, wine, spirit based products, liqueur tasting licenses are subject to the following:

1. The license allows the free distribution of samples of beer, wine, spirit based products, or liqueur not to exceed one ounce per sample.

2. May take place within the following businesses:

a. A liquor store operating in conjunction with a full off-sale liquor license may distribute free samples of wine, beer, cordial and liqueur. All such wine, beer, spirit based products and liqueur tasting must be done under the supervision of an employee of the liquor store who holds a valid work card and has successfully completed an approved liquor server awareness training program.

(1) Bottles of wine, beer, cordial and liqueur opened for tasting shall not be sold, distributed, or otherwise given away; and

b. A grocery store licensed for full off-sale liquor and/or full beer, wine and spirit based products off-sale may distribute free samples of alcoholic liquor to persons twenty one (21) years of age and older provided that:

(1) The grocery store licensee submits a written request to the Department of Business License for a grocery store alcohol sampling license that contains the following information:

(A) Name of the business;

(B) Name of the licensee;

(C) Name of all key employees at the business;

(D) Frequency.

3. The designated key employee must be on the store premises at all times that the samples are distributed.

4. It shall be unlawful for any person to distribute samples of alcoholic liquor without first obtaining alcohol awareness training.

5. Licensees will renew the license semiannually, January 31 and July 31 with the full off-sale liquor license or beer, wine and spirits off-sale liquor license. (Ord. 539, 6-26-2018, eff. 7-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281452
2-4-7: LICENSE APPLICATION, CONTENTS; GENERALLY:linklink

Whenever a person desires to open, keep, carry on or conduct any alcoholic liquor establishment in the City, or engage in the business, such person must make application in writing to the division to obtain a license. The applicant shall follow the application procedure as outlined in section 2-4-3 of this chapter. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281453
2-4-8: LICENSE APPLICANT; BUSINESS PREMISES REQUIRED:linklink

The division must not issue a license, except for a catering liquor license, to any applicant unless the applicant has an established place of business in a properly zoned area in accordance with title 9 of this Code. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281454
2-4-9: LICENSE APPLICANT; PROVISIONS FOR CORPORATION, LIMITED PARTNERSHIP, AND LIMITED LIABILITY COMPANY (LLC):linklink


A. In all cases where the applicant for an alcoholic liquor license is a corporation, limited partnership, or LLC, the names and residential addresses of the officers of the corporation partners, or members of the LLC must be listed on the application.


B. In all such cases, the City Manager, or his designee, shall determine who, if any, of the principal officers of such corporation partners, or members of such LLC are required to submit to background investigations.


C. In the case of a publicly traded corporation with corporate officers who will not be involved in the day to day operations of the business being applied for, the corporate officers will not be required to undergo a background investigation. In any such case, the manager of the business being applied for will be required to undergo a background investigation for a finding of suitability. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281455
2-4-10: FINDING OF SUITABILITY:linklink

This chapter authorizes the City Council to require that certain persons who are directly or indirectly involved with alcoholic liquor licenses be found suitable for such involvement. A finding of suitability relates only to the specific involvement for which it is made. If the nature of the involvement changes from that for which the applicant is found suitable, or if, in the judgment of the City Manager, Chief of Police or City Council, new information concerning the applicant's suitability has become available, he may be made to submit himself for a new determination of suitability. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281456
2-4-11: INVESTIGATION REQUIRED; FEES:linklink

Prior to the issuance of any liquor license, fingerprint based background checks are required, with the accompanying payment of fee, as outlined in section 2-4-3 of this chapter as amended from time to time. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281457
2-4-12: NO REFUND ON INVESTIGATION FEE:linklink

In the event the applicant is denied a license after investigation, charges deposited or paid shall be forfeited and all outstanding costs incurred by the city for investigation shall be paid as outlined in section 2-4-3 of this chapter as amended from time to time. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281458
2-4-13: WITHDRAWAL OF APPLICATION; REFUND:linklink

If the applicant withdraws his application prior to the beginning of investigation, posted deposits shall be returned to applicant as outlined in section 2-4-3 of this chapter as amended from time to time. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281459
2-4-14: PREVIOUSLY INVESTIGATED; WHEN FEE WAIVED:linklink


A. In the event any person is an applicant or member of a group of applicants, and such person has been previously investigated by the city council and has held a license within a preceding period of one year, an investigation fee may not be required as outlined in section 2-4-3 of this chapter as amended from time to time.


B. The city council may, in its discretion, waive payment of an investigative fee when all parties to an application have been licensed, or approved as stockholders of a corporate license within the past year as outlined in section 2-4-3 of this chapter as amended from time to time. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281460
2-4-15: LICENSE; CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY; CHANGES IN MEMBERSHIP:linklink


A. In the case of a corporate licensee, any and all changes in the officers of such corporation must be reported to the division within thirty (30) days of such change. Such new officers may be required to qualify for a license as required in this chapter. Any new manager of a corporate licensee shall be required to qualify for a license as required in this chapter.


B. In the case of a partnership or limited liability company, any change in ownership of the partnership or limited liability company must be reported to the division within thirty (30) days of such change. Any new partners or managers shall be required to qualify for a license as required in this chapter. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281461
2-4-16: KEY EMPLOYEES:linklink


A. Whenever it is the judgment of a majority of the council or the city manager that the public interest will best be served by requiring any person to obtain a finding of suitability to hold key employee status, the city manager or his designee must serve notice upon the licensee to make application for such finding of suitability.


B. Grounds for requiring a finding of suitability of a key employee which are deemed to be in the public interest include, but are not limited to, situations where the employee is new to the industry, to the particular alcoholic liquor establishment, or to the position or level of influence or responsibility, or the council for reasons concerning the employee's character, background, reputation or associations deems it in the city's best interest to require such finding of suitability.


C. The licensee must, within thirty (30) days following receipt of the notice of determination to require a finding of suitability of any key employee, present the application for key employee to the administrator or provide documentary evidence that such key employee is no longer employed by the licensee or no longer employed in the position for which the suitability is being required. Application, investigation and payment of fees must be made in accordance with the requirements of this title.


D. The alcoholic liquor licensee, by whom the key employee is employed, is subject to disciplinary action as set forth in sections 2-4-41 and 2-4-43 of this chapter for continued employment of an individual in a key employee position after disapproval by the council, or for the employment of an individual in a key position if said individual refuses to make application as a key employee when notified to do so. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281462
2-4-17: ADDITIONAL INFORMATION WHICH MAY BE REQUIRED:linklink

In order to determine suitability, the applicant may be required to furnish to the city manager or his designee any or all of the following information:


A. A statement of the name and address of the owner(s) of the premises.


B. A copy of any lease or rental agreements whereby the applicant is entitled to possession of the premises.


C. Complete information pertaining to the interest held by any person, firm, or corporation other than the applicant.


D. Complete information pertaining to any change of ownership of any such interest in the premises wherein the licensed alcoholic liquor business is operated.


E. Any other information deemed relevant to a complete investigation. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281463
2-4-18: LICENSE ISSUANCE RESTRICTIONS; PROXIMITY OF TAVERNS SPECIFIED:linklink

Pursuant to its general regulatory authority to regulate the sale of alcoholic beverages, the city council declares that the health, safety, morals and welfare of the inhabitants of the city are best promoted and protected by requiring a separation between certain liquor license uses as outlined in section 9-8-8 of this code. The council retains all discretion to approve or disapprove tavern liquor license applications. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281464
2-4-19: LICENSE CONVERSION OR TRANSFER OF LOCATION, RESTRICTIONS; LIQUOR LICENSE ORIGINATION FEE AND PROCESSING FEE:linklink

No alcoholic liquor license is convertible into a different type of license or transferable to a new location unless such proposed conversion or transfer complies with and meets all of the requirements of this chapter and title 9 of this code. The council may authorize such conversion or transfer, which authorization may be withheld for any reason deemed sufficient by the council. The city manager or his designee may authorize a conversion which results in a downgrade, or a less restrictive license, such as from full off-sale to off-sale beer, wine and spirit based products. If the licensee has paid the liquor license origination fee for the category being converted, he shall be required to pay the difference between that fee and the liquor license origination fee for the category to which it is being converted. If the licensee has not paid a liquor license origination fee for the category being converted, he shall be required to pay the liquor license origination fee for the category to which it is being converted. There shall be no refund of any license origination fee paid if the license is downgraded. There shall be no liquor license origination fee required for a change of location. Location changes are subject to a fifty dollar ($50.00) processing fee. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281465
2-4-20: LICENSE, PERMIT; TRANSFER OR ASSIGNMENT; DEATH OF LICENSEE PROVISION:linklink

Licenses and permits may not be transferred or assigned to another person. Notwithstanding the foregoing, in the event of death of a person duly licensed pursuant to this chapter, the personal representative for the estate of the deceased licensee may continue to do business with the license previously issued upon notification to the division of the death of the licensee, identification of the personal representative, payment of all fees and compliance with the requirements of this chapter for a period not to exceed one year. Nothing herein shall be construed to authorize the sale, transfer or assignment of an alcoholic beverage license and no such license shall in any event be sold, assigned or transferred and it shall be cause for suspension or revocation of such license if the holder thereof sells, transfers or assigns any alcoholic beverage license in violation of the provisions of this chapter. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281466
2-4-21: COMMENCEMENT; NONOPERATIONAL STATUS OF BUSINESS:linklink

The licensee must commence operation of the business within thirty (30) days after the license has been approved by the city council and may not discontinue operation of the business for more than a three (3) month period without council approval. The council may approve nonoperational status of the business beyond the initial three (3) month period in time increments not to exceed one year but in no event shall the council approve any nonoperational status beyond a maximum of two (2) years. A license shall be automatically revoked at the expiration of the time periods provided by this section unless council approval has been granted pursuant to this section. All semiannual license fees must be paid notwithstanding the licensee's nonoperational status. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281467
2-4-22: LICENSEE'S OR PERMITTEE'S AGREEMENT TO CONFORM TO LAW:linklink

Acceptance of a city alcoholic liquor license or permit by a licensee or permittee constitutes an agreement on the part of such licensee or permittee to be bound by all of the regulations of the city as the same now are, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee or permittee to keep himself informed of the context of all such rules and regulations. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281468
2-4-23: ORIGINATION FEES AND LICENSE RENEWAL RATES:linklink

Origination license fees, in addition to the semiannual renewal fees listed in this section, are imposed for the following and are payable prior to the issuance of license:

License Classification   Origination Fee  
Beer, wine, spirit based products and liqueur tasting   None  
Beer, wine, and spirit based products off-sale   $ 5,000.00  
Beer, wine, and spirit based products on-sale   2,500.00  
Full liquor off-sale   20,000.00  
Full liquor on-sale   2,500.00  
Liquor catering   1,000.00  
Nonprofit club liquor   300.00  
Nonrestricted/restricted gaming liquor   25,000.00  
Restaurant with bar   3,500.00  
Restaurant with service bar   2,500.00  
Tavern   12,500.00  
Wholesale/import liquor   3,500.00  

All persons who have submitted a business license application for, or have submitted an application for or have received a use permit for any of the listed liquor licenses prior to the effective date hereof shall not be required to pay the origination fee.

The licenses provided for in this chapter are issued on a semiannual basis, are not prorated, are fixed and established and must be paid in advance by all persons receiving such licenses, respectively as follows:

License Classification   Semiannual Fee  
Beer, wine, spirit based products and liqueur tasting    
Beer, wine, and spirit based products off-sale   $ 800.00  
Beer, wine, and spirit based products on-sale   350.00  
Full liquor off-sale   3,500.00  
Full liquor on-sale   750.00  
Liquor catering   300.00  
Nonprofit club liquor   200.00  
Nonrestricted/restricted gaming liquor   3,500.00  
Restaurant with bar   750.00  
Restaurant with service bar   500.00  
Tavern   1,000.00  
Wholesale/import liquor   750.00  

The renewal fees above shall become effective twenty (20) days after publication of adoption of this section for all businesses that have a current, valid alcoholic liquor license at the time of the effective date hereof. (Ord. 539, 6-26-2018, eff. 7-18-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281469
2-4-24: LICENSE FEES; PRORATION, WHEN APPLICABLE:linklink


A. Initial semiannual license fees paid by applicants who receive license approval on a date other than the due dates of January 31 and July 31 shall be prorated on a quarterly basis until the next semiannual due date.


B. Notwithstanding the provisions of section 2-4-23 of this chapter and subject to any other legal requirements, the City Manager is authorized, upon the written request of an applicant, to permit an applicant to make four (4) equal payments of the entire origination license fee required in section 2-4-23 of this chapter in the manner set forth below. In the event that a request is made for four (4) equal payments of an origination fee, the first payment must be paid prior to issuance of the liquor license. The remaining three (3) origination fee payments shall be paid in successive three (3) month intervals. Failure to make a timely origination fee payment shall result in immediate revocation of the liquor license. Reinstatement of the liquor license shall be in accordance with the provisions of section 2-4-26 of this chapter. (Ord. 453, 3-27-2012, eff. 4-19-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281470
2-4-25: LICENSE ORIGINATION AND SEMIANNUAL FEES MODIFICATION:linklink

License origination and semiannual fees shall be modified from time to time by resolution of the city council. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281471
2-4-26: PENALTIES; REVOCATION; REINSTATEMENT:linklink


A. Late Payment Penalties: Any semiannual fee which is not received by the division on or before the due date shall be assessed a late payment penalty in an amount equal to ten percent (10%) of the amount of such semiannual fee. If the semiannual fee and penalty is not received by the division within fifteen (15) days after the due date, an additional late payment penalty in the amount equal to thirty five percent (35%) of such semiannual fee shall be assessed. If the semiannual fee and all penalties are not received by the division within sixty (60) days after the due date, the license shall be automatically revoked.


B. Reinstatement:

1. A license which has been automatically revoked because a licensee has not complied with the semiannual license fee provisions of this section or because of nonoperational status, or because a licensee has not complied with the origination fee provisions in section 2-4-24 of this chapter may be reinstated by the city manager if, not later than sixty (60) days following the date the license was automatically revoked, the licensee pays to the division:

a. The delinquent and unpaid semiannual license fee or origination fee;

b. All late payment penalties that have accrued pursuant to the provisions of subsection A of this section; and

c. A five hundred dollar ($500.00) license reinstatement assessment.

2. Upon payment of the delinquent semiannual license fee and/or origination fee, all applicable late payment penalties and the reinstatement assessment, the city manager shall reinstate the revoked license. Upon such reinstatement of the license, the licensee shall be allowed to reengage in the sale of alcoholic beverages at the location to which the license applies. (Ord. 453, 3-27-2012, eff. 4-19-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281472
2-4-27: RECLASSIFICATION/CONVERSION OF EXISTING LICENSES:linklink

All alcoholic beverage licenses valid as of the effective date hereof shall be converted to the new license classification and be subject to the license fees set forth in this chapter based on the following:

Current Classification   New Classification  
Brewpub liquor license   Tavern  
Import wholesale alcoholic liquor license   Wholesale/import liquor  
Packaged beer license   Beer, wine, and spirit based products off-sale  
Packaged beer and wine license   Beer, wine, and spirit based products off-sale  
Packaged liquor license   Full liquor off-sale  
Portable bar liquor license   Liquor catering  
Resort hotel and casino liquor license   Nonrestricted/restricted gaming liquor  
Restaurant liquor license   Restaurant with bar or restaurant with service bar  
Retail beer license   Beer, wine, and spirit based products off-sale or on-sale  
Retail beer and wine license   Beer, wine, and spirit based products off-sale or on-sale  
Service bar license   Restaurant with service bar  
Service club liquor license   Nonprofit club liquor  
Tavern liquor license   Tavern  
No current liquor license classification   Beer, wine, spirit based products and liqueur tasting  

(Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281473
2-4-28: SPECIAL EVENTS PERMITS:linklink

The city manager or his designee may authorize the issuance of a special events permit which includes the sale or serving of liquor pursuant to chapter 12 of this title. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281474
2-4-29: LICENSE ISSUANCE MORATORIUM:linklink

The council may declare a quarterly, semiannual or annual moratorium by resolution on any or all alcoholic liquor applications or licenses if, in its discretion, it is found to be in the best interests of the city. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281475
2-4-30: LAND USE AND LOCATION REQUIREMENTS; CONFORMANCE WITH TITLE 9 OF THIS CODE:linklink


A. No alcoholic liquor license will be issued unless the location is in accordance with title 9 of this code.


B. Approval of a location or of a use permit pursuant to title 9 of this code does not guarantee or constitute approval of any liquor license. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281476
2-4-31: DISTANCE LIMITATIONS FOR ALCOHOLIC LIQUOR LICENSES:linklink


A. Locations for certain alcoholic liquor licenses are subject to distance restrictions as set forth in title 9 of this code. No such liquor licenses will be issued unless the location is in accordance with title 9 of this code.


B. Approval of a location or of a use permit pursuant to title 9 of this code does not guarantee or constitute approval of any liquor license. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281477
2-4-32: INTERIOR LIGHTING:linklink

At all times while any alcoholic liquor licensed premises 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 alcoholic liquors are sold, served, delivered or consumed. In no event shall the intensity of the interior lighting be less than one foot-candle power light when measured to a point thirty inches (30") from the floor whenever persons and patrons are sitting or standing within the premises. This requirement shall apply in all cases except in licensed establishments where floorshows are permitted under city ordinance. In such cases, the floor showroom lights only may be dimmed during the floorshow, and at the conclusion of each floorshow, the lighting must then immediately be restored to the minimum standards of light intensity prescribed. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281478
2-4-33: DISTRIBUTING OFF PREMISES PROHIBITED:linklink


A. It is unlawful for any holder of an alcoholic liquor license, or any agents or employees of such licensee to sell, serve, give away or otherwise distribute any alcoholic liquor outside the premises described in the application of such license.


B. Any licensee who desires to sell, serve, give away, or otherwise distribute any alcoholic liquor in the parking lot, or other outdoor portion of the premises for a specific event may make written application to the city manager at least ten (10) days prior to the event for permission to do so. Upon receipt of a written request, the city manager shall require the applicant to apply for and obtain a special events permit pursuant to the requirements in chapter 12 of this title. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281479
2-4-34: INTOXICATION ON PREMISES OF LICENSEE OR EMPLOYEES:linklink

It is unlawful for any licensee or any of his agents or employees, while engaged in the performance of his duties, to be in an intoxicated condition, in or about the premises where the business of dispensing alcoholic liquors is being conducted and while such licensee, agent or employee is engaged in the performance of his ownership or employment duties. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281480
2-4-35: PROVIDING TO INTOXICATED PERSON PROHIBITED:linklink

It is unlawful for any licensee or any of his agents or employees to sell, serve or give away any alcoholic liquor to any intoxicated person. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281481
2-4-36: DISTRIBUTING TO MINOR; ESTABLISHMENT OF POLICY; COPY ON PREMISES; REQUIREMENT TO SHOW:linklink


A. It is unlawful for any licensee or any of his agents or employees to sell, serve or give any alcoholic liquor to any person under the age of twenty one (21) years.


B. Every liquor licensee or permittee who sells, serves, gives, or otherwise furnishes alcoholic liquor shall adopt a policy to prevent a person under twenty one (21) years of age from obtaining an alcoholic beverage from that person.


C. A copy of the policy shall be kept on the premises at all times and shall be made known to and available to all employees.


D. The policy shall be available upon request by the business license division or police department. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281482
2-4-37: MINOR EMPLOYMENT IN LICENSED ESTABLISHMENTS:linklink

Except as otherwise provided by state law, it is unlawful for any permittee or licensee to employ or to permit a person under the age of twenty one (21) years to sell or handle alcoholic liquor.

However, a person who is at least eighteen (18) years of age, while working in his/her capacity as an employee of a supermarket, convenience store, drugstore or department store may handle or sell at off-sale any alcoholic liquor when he/she is being directly supervised by another employee or owner who is at least twenty one (21) years of age. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281483
2-4-38: APPLICATION OF OTHER ORDINANCES:linklink

The terms and conditions of this chapter are intended to be applied in conjunction with all other ordinances of the city or state requirements for the protection of the public health, safety, morals and welfare. The fact that such ordinances or state requirements are not specifically referred to in this chapter does not preclude their application to alcoholic liquor licensees or permittees. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281484
2-4-39: LICENSED PREMISES; COSTUMES OF MALE AND FEMALE EMPLOYEES:linklink


A. It is unlawful for any person, while acting as an employee, waiter, waitress, performer or entertainer in any live act, play, demonstration or exhibition or while serving food or drink to any customer, to do any of the following acts on the premises where alcoholic beverages are licensed to be sold:

1. Expose his or her genitals, pubic hair, perineum, anal region or pubic hair region, or female breasts below a point immediately above the top of the areola; or

2. Expose or use any device, costume or covering which gives the appearance of or stimulates the genitals, pubic hair, perineum, anal region or pubic hair region.


B. A person shall be deemed to be a waiter, waitress, performer or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation.


C. It is unlawful for any licensee, or any owner, officer, director, representative, manager, agent, servant or employee of a licensee to allow, cause, permit, procure, counsel or assist any person to perform any of the acts set forth in this section on the premises where alcoholic beverages are licensed to be sold or served. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281485
2-4-40: LICENSED PREMISES ENTERTAINMENT RESTRICTIONS; APPLICATION:linklink

Section 2-4-32 of this chapter shall apply to all establishments defined in this chapter which sell, serve or give away alcoholic liquors. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281486
2-4-41: ENFORCEMENT POWERS:linklink

The police department and city manager or his designee shall have jurisdiction to investigate and enforce the provisions of this chapter. The police department and city manager or his designee shall have all powers which may be necessary or appropriate for a complete and effective exercise of jurisdiction, including, but not limited to, the power to enter and inspect the licensed premises at any time during the business hours of the licensee, and the police department and the city manager or his designee shall have the power to examine all books and records of the licensee or applicant. The police department and the city manager or his designee are each authorized to request information from a licensee or applicant at any time in furtherance of the exercise of their jurisdiction. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281487
2-4-42: LICENSE SUSPENSION, REVOCATION, LIMITATION:linklink

The provisions of chapter 1 of this title are applicable to all alcoholic liquor licenses. In addition, the council may deem that any activity on the part of the licensee, his agents or employees, or a person previously found suitable, which is contrary to the purpose and intent of this chapter, or which violates any ordinance or regulation of the city or the state of Nevada is grounds for disciplinary action which may result in a revocation, suspension, or limitation of the alcoholic liquor license. Without limiting the generality of the foregoing, each of the following licensees are declared to be subject to disciplinary action:


A. Each licensee who violates any provision of this title;


B. Each licensee who knowingly does any act to sell, lease or purchase an alcoholic liquor business operation or any portion thereof without taking immediate and affirmative steps to obtain council approval;


C. Each licensee who knowingly fails to report or conceals from the council a full disclosure of the names of persons having an interest in the ownership of or having an equitable or beneficial right to the profits under a license in which he has an interest;


D. Each licensee who knowingly fails to report or conceals from proper authority any information which it is his duty to supply under any statute, ordinance, and/or regulation of the state or city;


E. Each licensee who, for conduct subsequent to the issuance of a license, becomes ineligible to hold an alcoholic liquor license as set out in the statutes, ordinances, and/or regulations of the state or city;


F. Each licensee who permits his licensed premises to be frequented by, or become the meeting place, hangout or rendezvous for prostitutes, or those who engage in sexual conduct on the premises, vagrants, intoxicated persons, or those who engage in the use or distribution of controlled substances, or in any other illegal occupation or business and is subject to provisional suspension of his license and possible disciplinary action as prescribed herein. The provisional suspension must be in writing describing the violations present, or committed, and must not be rescinded until the violations are corrected, or by order of the council in accordance with section 2-1-14 of this title.

Note: Any inaction or correction by the licensee of any violations or conditions in accordance with this subsection, which resulted in a correction notice, or a provisional suspension of a license, does not preclude further disciplinary action by the city manager or council in accordance with this chapter and section 2-1-14 of this title.


G. Each licensee who makes a misrepresentation of a material fact in his application to obtain a license;


H. Each licensee whose alcoholic liquor license in any place in the state of Nevada has been revoked for cause;


I. Each licensee who knowingly allows any male or female person to appear nude in any public area on its premises including, but not limited to, theaters, lounges, and showrooms;

1. "Knowingly" means having a general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character of any exposure of the male or female body;

2. "Male or female person" means a licensee, his agents, employees, independent contractors and their agents and employees, and patrons;


J. Each licensee who employs a person in a key employee position, if said employee refuses to make application as a key employee when notified to do so as set forth in this chapter. (Ord. 402, 7-8-2008, eff. 7-31-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281488
2-4-43: LICENSEE RESPONSIBLE FOR THE ACTS OF EMPLOYEES:linklink

Every licensee shall be responsible for the acts of his employees and agents committed while on the licensed premises and during the course and scope of employment. Every licensee shall accordingly use adequate care in the selection of his employees and agents. In any license suspension, limitation or revocation proceedings, the fact that the licensee did not have actual knowledge of the events complained of shall be no defense and every licensee accepts his license subject to said condition. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281489
2-4-44: VIOLATION; PENALTY:linklink

Any person violating any of the terms, conditions or provisions of this chapter shall be deemed guilty of a misdemeanor. Upon conviction thereof such person shall be punished by a fine not to exceed the maximum allowable under Nevada Revised Statutes, or by imprisonment in the city jail for a term not to exceed six (6) months, or by both such fine and imprisonment. Such conviction shall also subject the permittee or licensee to have his permit or license revoked. Thereafter, any person adjudged guilty of a violation of this chapter or any of the terms, conditions or provisions thereof may, in the discretion of the council, be denied a permit or license. (Ord. 402, 7-8-2008, eff. 7-31-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19802#s1281490


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 3 of this title.