Chapter 2
LIQUOR CONTROLlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478
5.02.01: POLICY:
5.02.02: DEFINITIONS:
5.02.03: CLASSIFICATION OF LIQUOR ESTABLISHMENTS AND LICENSES:
5.02.04: LICENSE REQUIREMENTS FOR SALE OF INTOXICATING LIQUOR; TEMPORARY OPERATION UNDER ANOTHER'S LICENSE:
5.02.05: PERSONS NOT QUALIFIED FOR LICENSING:
5.02.06: DISQUALIFICATION AND REAPPLICATION:
5.02.07: APPLICATION FOR LICENSE:
5.02.08: APPROVAL OF LICENSE; LICENSE REQUIRED:
5.02.09: LICENSE FEES:
5.02.10: OPERATION OF LIQUOR ESTABLISHMENT:
5.02.11: CATERING:
5.02.12: VIOLATION AND PENALTY:
5.02.13: APPEAL, DISCIPLINARY ACTION AND PENALTIES:

5.02.01: POLICY:linklink


It is the policy of Lyon County that all establishments where intoxicating liquors are sold at retail for consumption on the premises without the corporate limits of any incorporated city or town within the County shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the County. (Ord. 595, 10-19-2017, eff. 11-1-2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235541
5.02.02: DEFINITIONS:linklink

As used in this chapter, the following terms have the meanings ascribed to them herein:

COMPLIANCE CHECK: A procedure in which a person under twenty one (21) years of age attempts to purchase or purchases alcohol under the supervision of law enforcement from:

A. Any liquor establishments, dispensaries and all other places where intoxicating liquors are sold; or

B. An employee of liquor establishments, dispensaries and all other places where intoxicating liquors are sold.

CONVICTED: A finding of guilt resulting from a plea of guilty; a plea of nolo contendere; the decision of a court or magistrate; or the verdict of a jury, irrespective of the pronouncement of judgment or the suspension thereof.

CORPORATION: Includes any corporation, S-corporation, limited liability company, partnership, trust, or other entity no matter how described or registered with any state, county or municipality.

INTOXICATING LIQUORS: Any one or all of the following: spirituous, malt, fermented liquors, wines, beers or any mixtures thereof.

LICENSEES: All persons whose names are required to be stated in applications for licenses to sell and dispense intoxicating liquors.

LIQUOR BOARD: The Board of Lyon County Commissioners and the Sheriff of Lyon County. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235542
5.02.03: CLASSIFICATION OF LIQUOR ESTABLISHMENTS AND LICENSES:linklink

For the purpose of this chapter, liquor establishments, dispensaries and all other places where intoxicating liquors are sold, manufactured or given away, shall be and are divided into classes, defined as follows:


A. Saloon Or Barroom: A "saloon" or "barroom" is any place where intoxicating liquors are sold, dispensed or given away, the majority of which is to be consumed on the premises where sold or otherwise dispensed.


B. Retail Liquor Establishment: A "retail liquor establishment" is defined as any place where intoxicating liquors are sold in the original container, can, bottle, case or package, in quantities of less than five (5) gallons, where the same is not permitted to be consumed on or about the premises where sold or given away.


C. Restaurant Or Cafe: A "restaurant" or "cafe" is defined as an establishment charging for meals, serving beer or wine in bottles or glasses only, to be consumed on the premises with meals.


D. Special Events Liquor License: Profit or fraternal, civic or nonprofit organization. This license allows for the sale or providing of intoxicating beverages in association with a special event. Included in this is a special event that will be held outside the premises covered by a liquor license holder.

1. This license may be obtained by a fraternal, civic or nonprofit organization at least three (3) working days before the event from the Business License Department.

2. The license must be obtained by a for profit upon approval from the Business License Department.

3. No more than twelve (12) special event liquor licenses per year may be obtained by a profit or fraternal, civic or nonprofit organization or a person associated with them. All twelve (12) licenses may be obtained at one time if the dates for the special events are known. There can be no refund for events that are canceled. To change a previously scheduled date, a new fee must be paid.

a. Each special event liquor license shall be applied for one day meaning that a four (4) day event would require four (4) special event liquor licenses.

4. The County Clerk-Treasurer may issue a special event liquor license without Business License Department approval for fraternal, civic or nonprofit organizations.

5. The licenses required under this chapter shall be in addition to any other licenses required of any person or business by Lyon County, the State of Nevada or any other government entity. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235543
5.02.04: LICENSE REQUIREMENTS FOR SALE OF INTOXICATING LIQUOR; TEMPORARY OPERATION UNDER ANOTHER'S LICENSE:linklink


A. Every person engaged in the business of dispensing intoxicating liquors, or conducting a place of business or establishment for the dispersion of intoxicating liquors, in the County outside of any incorporated city therein, shall secure a license therefor to be paid for and issued as provided in this chapter.


B. The license is not transferable and is only valid for the particular premises for which issued and no money paid for a license shall be refunded, prorated or rebated for voluntary cessation of the business for which the license was issued or where the license has been revoked or for any other reason.

1. A liquor license is not transferable, however, if a business, in which the owner or operator does possess a license, is sold to another, the buyer may operate the business under the seller's license for up to one hundred eighty (180) days under the following conditions:

a. The buyer of the business must immediately apply for a license under his/her own name as provided by this chapter.

b. A written agreement, executed by buyer and seller must be filed with the County Business License Department and the District Attorney's Office stating:

(1) That the buyer may operate the business under seller's liquor license.

(2) That seller, holder of the license under which buyer may operate, remains liable for any violation of this chapter or chapter 1 of this title.

c. In no event may an individual, corporation, partnership or other entity operate under another's liquor license for longer than one hundred eighty (180) days. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235544
5.02.05: PERSONS NOT QUALIFIED FOR LICENSING:linklink

The following persons are not qualified to obtain licenses for the sale of intoxicating liquors:


A. A person who has been convicted within the past five (5) years:

1. Of a felony or of any crime which under the laws of this State would amount to a felony.

2. In this State or elsewhere, of any crime of which fraud or intent to defraud is an element.

3. Of larceny in any degree.

4. Of buying or receiving stolen property.

5. Of unlawful entry of a building.

6. Of unlawful possession or distribution of narcotic drugs.

7. Of illegal use, carrying or possession of a pistol or other dangerous weapon.

8. Of a second offense of driving under the influence of intoxicating liquor and/or drugs.

9. Of contributing to the delinquency of a minor.


B. A person under the age of twenty one (21) years. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235545
5.02.06: DISQUALIFICATION AND REAPPLICATION:linklink


A. If any person, after obtaining a license, becomes disqualified by conviction of any offense enumerated in subsection 5.02.05A of this chapter, the license may be revoked by the Business License Department.


B. If a license has expired, but not been revoked, and the applicant reapplies for a license within one year of the expiration date of the license, the fee for an applicant's investigation may not be required. Whether another investigation is required shall be determined at the discretion of the Business License Department. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235546
5.02.07: APPLICATION FOR LICENSE:linklink


A. Any person desiring to conduct an establishment for the sale of intoxicating liquors shall request an application form from the County Clerk's Office setting forth the following information:

1. Applicant's name, age, sex, present address and addresses of all residences and descriptions of all occupations and businesses for the last five (5) years prior to such application for a license.

2. Applicant's statement, under oath, setting forth any conviction of those crimes enumerated in subsection 5.02.05A of this chapter within a five (5) year period prior to the date of the application.


B. Applicant shall submit to the taking of their thumbprints and fingerprints for filing in the licensing office.

1. Applicants for this license must be fingerprinted.

2. Applicants must provide a written authorization, along with their application materials, allowing the submission of their fingerprints to the Federal Bureau of Investigation (FBI). The authorization will allow the FBI to conduct a national background check of the applicant.

3. This FBI background check shall be authorized under this section as well as under Nevada Revised Statutes 239B.010(a).


C. Proof of ownership or current lease agreement of the premises to be used by licensee to conduct the sale of intoxicating liquors shall be submitted to the Office of the District Attorney of the County.


D. All applications and information required for obtaining a license shall be submitted at least fifteen (15) days prior to any action taken by the Business License Department on the application.


E. The Business License Department may require an applicant to verify that he or she is lawfully in the United States.


F. In the event the applicant is a corporation, the following shall apply:

1. The applicant corporation must be a Nevada corporation or authorized to do business in Nevada.

2. The applicant corporation must submit with its application a letter from a duly authorized officer of the corporation designating the person or persons employed by the corporation to manage or operate on site the local establishment to be licensed.

3. The licensee and person or persons operating or managing the establishment must comply with the requirements prescribed by this chapter for a liquor license as well as the requirements of this section.

4. The licensee must advise the Business License Department in writing within thirty (30) days of any changes in the person or persons managing or operating the establishment. In the event of any change in the person or persons managing or operating the establishment, the new manager or operator must qualify and comply with the requirements of this chapter.


G. The licensee must submit an annual letter to the County Business License Department on or before the date of the anniversary of the issuance of the liquor license, confirming the liquor license holders and/or corporate officer(s) responsible for liquor sales and dispensing as well as the person or persons operating the establishment.


H. In addition to any other penalties in this chapter, failure to submit an annual letter or notify the County Clerk of any changes in the person or persons managing or operating the establishment within thirty (30) days of the change may result in a fine of up to one thousand dollars ($1,000.00).


I. Applicant shall deposit with the application a fee to be used for investigation of the applicant. An additional fee may be required to be deposited with the application for each additional name, corporate entity or partnership to be used for investigation of the additional applicants. The amount of the investigation fees shall be determined by the Board of County Commissioners.


J. Failure of any person or persons operating or managing the premises to comply with the requirements of this chapter shall be grounds for revocation of the license.


K. The Sheriff shall investigate the legal qualifications of each applicant for a license as herein required and defined.


L. The applicant and licensee is hereby informed and understands that the Lyon County Sheriff's Office will conduct periodic alcohol compliance checks as well as any other investigative or enforcement checks prescribed by this chapter. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235547
5.02.08: APPROVAL OF LICENSE; LICENSE REQUIRED:linklink


A. Review: Each application must be reviewed after completion of the investigation and approved or denied by the Business License Department.


B. Denial Of Application: In the event that the Business License Department denies the application, the applicant may appeal to the Liquor Board.


C. Appeal Of Denial Of Application: A written notice of appeal from the denial of a license or permit may be filed with the Business License Department not later than ten (10) business days after the applicant receives certified mail notice of the denial. Upon receipt of the notice of appeal, the Business License Department shall schedule a hearing before the Liquor Board. Notice of the date, time and place of the hearing shall be served upon the applicant not later than ten (10) business days before the time specified of the hearing by delivering the notice to him or by certified mail to his last known address. The applicant must appear at the hearing, the Liquor Board may sustain the Business License Department's decision or order that the license be issued. The decision by the Liquor Board must be in writing or orally expressed in the official record of its public meeting and must include findings of fact.


D. License Required; Compliance: Every person engaged in keeping, conducting, maintaining or carrying on any saloon, barroom, retail establishment, restaurant, cafe, wholesale establishment, where any intoxicating liquors are sold, dispensed or given away; or anyone selling, soliciting, taking or seeking orders for the same, shall pay for in advance, and obtain, an annual license and comply with all requirements to carry on such business. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235548
5.02.09: LICENSE FEES:linklink


A. In addition to the business license requirements of chapter 1 of this title, each holder or holders of a liquor license shall pay an additional basic liquor license fee. The fee required shall be determined by whether the establishment is a saloon or other type of license holder. The amount of the fees required shall be determined by the Board of County Commissioners.


B. All licenses issued under this chapter shall be issued annually on the first day of July of each year. If license fees are not paid within fifteen (15) days of the due date of such fees, the license holder shall be subject to a penalty of fifteen percent (15%) of the total license fees due. Any failure to pay the fee and penalty may be cause for revocation of the license. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235549
5.02.10: OPERATION OF LIQUOR ESTABLISHMENT:linklink


A. A minor shall be permitted to serve intoxicating liquors only under the following circumstances:

1. A person who has attained the age of sixteen (16) years may be employed in a retail food store for the sale or disposition of intoxicating liquors if:

a. He/she is supervised by a person who is eighteen (18) years of age or over and who is an owner or an employee of the business which sells or disposes of the liquor.

b. Such person eighteen (18) years of age or over who is supervising such person under eighteen (18) is actually present at the time that such person under eighteen (18) sells or disposes of the liquor.

c. The liquor is in a container or receptacle which is corked or sealed.


B. No intoxicating liquors shall be served to any minor, nor to any intoxicated person or habitual drunkard, nor to any person who, by reason of any infirmity, is unable to care for himself/herself properly.


C. No boisterous, obscene or immoral act or conduct shall be permitted on any premises or place having a license to dispense intoxicating liquors, and all such places shall be open to inspection by any peace officer or member of the Liquor Board.


D. No gambling prohibited by State law shall be permitted on the premises.


E. There shall be no restrictions upon persons of lawful age desiring to enter a place where intoxicating liquors are sold.


F. Each employee of a business where intoxicating liquors are served shall either be in physical possession of a work permit issued by the Sheriff's Office or have the permit at the place of business while the employee is working. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235550
5.02.11: CATERING:linklink


A. A holder of a liquor license may also be licensed as a caterer if:

1. A "catering fee" is paid to the Business License Department in addition to all other fees required by this chapter and chapter 1 of this title.

2. The applicant operates a saloon or restaurant.

3. All State and local health statutes and regulations concerning food preparation and service are complied with.


B. The amount of the catering fee shall be determined by the Board of County Commissioners. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235551
5.02.12: VIOLATION AND PENALTY:linklink

In addition to any other penalties prescribed by this chapter, any person, whether or not they hold a license issued pursuant to this chapter, who violates or fails to comply with any of the provisions of this chapter shall, upon conviction, be punished by a fine in a sum of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for not more than six (6) months or by both fine and imprisonment. (Ord. 595, 10-19-2017, eff. 11-1-2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235552
5.02.13: APPEAL, DISCIPLINARY ACTION AND PENALTIES:linklink


A. An administrative denial of a liquor license application may be appealed by the applicant to the Liquor Board, who may uphold the denial or may approve the liquor license application with or without additional conditions.


B. Disciplinary action is the procedure taken by the Liquor Board to conduct hearings regarding whether a licensee is in violation of applicable law, and the action which may be imposed by the Liquor Board pursuant to the hearings, which action consists of imposing the penalties set forth in subsection C of this section.


C. Disciplinary penalties that may be imposed upon a licensee by the Liquor Board for criminal citations issued within any twelve (12) month period that are related to the sale or dispensing of liquor at the licensee's establishment or violations of the provisions of this chapter:

1. First Offense: First offense, the Sheriff's Office may notify the Liquor Board of the name of the licensee whose employee or agent to whom a criminal citation was issued, and the location, date and time of the alleged offense. The licensee for the location at which the criminal citation was issued may also be issued an administrative citation in the amount of up to five hundred dollars ($500.00) and will be notified by registered mail, sent by the Liquor Board, of the date and time of the occurrence and the name of the employee or agent to whom a criminal citation was issued.

2. Second Offense: Second offense, the Sheriff's Office may notify the Liquor Board of the name of the licensee whose employee or agent to whom a criminal citation was issued, and the location, date and time of the alleged offense. For a second offense, the licensee for the location at which the criminal citation was issued may also be:

a. Issued an administrative citation in the amount of up to one thousand dollars ($1,000.00) and will be notified by registered mail, sent by the Liquor Board, of the date and time of the occurrence and the name of the employee or agent to whom a criminal citation was issued;

b. Required to attend mandatory alcohol server training within three (3) months of the hearing; or

c. Required to mandate all employees and agents of the licensee that sell or dispense intoxicating liquors attend mandatory alcohol server training within three (3) months of the hearing.

3. Third Offense: Third offense, the Sheriff's Office may notify the Liquor Board of the name of the licensee whose employee or agent to whom a criminal citation was issued, and the location, date and time of the alleged offense. For a third offense, the Liquor Board may suspend or revoke the licensee's liquor license. In addition, the licensee for the location at which the criminal citation was issued may also be:

a. Issued an administrative citation in the amount of up to two thousand dollars ($2,000.00) and will be notified by registered mail, sent by the Liquor Board, of the date and time of the occurrence and the name of the employee or agent to whom a criminal citation was issued;

b. Required to attend mandatory alcohol server training within three (3) months of the hearing; or

c. Required to mandate all employees and agents of the licensee that sell or dispense intoxicating liquors attend mandatory alcohol server training within three (3) months of the hearing.

4. Emergency Suspension: If four (4) or more criminal citations are issued within any twelve (12) month period related to the sale or dispensing of liquor at the licensed premises, the Sheriff, his designee, or the Liquor Board may suspend the liquor license of the licensee until the next meeting of the Liquor Board. (Ord. 595, 10-19-2017, eff. 11-1-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=31478#s1235553