Chapter 7.04
LICENSING REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43149
7.04.010: LICENSE REQUIRED:
7.04.020: LICENSE APPLICATION AND ISSUANCE:
7.04.030: LICENSE CONTENTS:
7.04.040: LICENSE; SIGNATURE, POSTING, NONTRANSFERABLE:
7.04.050: GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE:
7.04.060: SUSPENSION AND REVOCATION; PROCEDURE:
7.04.070: SUSPENSION, REVOCATION OR RENEWAL; RECOMMENDATION:
7.04.080: FEES ESTABLISHED:
7.04.090: PAYMENT OF FEES:
7.04.100: EMPLOYMENT OF MINORS:
7.04.110: WHOLESALE LIQUOR LICENSE:
7.04.120: SALE BY DRUGSTORE UPON PHYSICIAN'S PRESCRIPTION:
7.04.130: BAR AND PACKAGED LIQUOR STORE DISTRICT:
7.04.140: VALIDITY OF COUNTY LIQUOR LICENSES:
7.04.150: SPECIAL LIQUOR LICENSE; CRITERIA:

7.04.010: LICENSE; REQUIRED:linklink


It shall be unlawful for any person, firm, association or corporation to barter, sell, serve, dispense or in any manner deal out or otherwise dispose of any beer, lager beer, ale, porter, wine, spirituous liquor or similar beverage containing one-half of one percent (0.5%), or more, of alcohol by volume, without first obtaining a Mineral County liquor license as hereinafter provided. Further, it shall be unlawful to so sell or dispense of such liquor or other beverage in any building or room not a part of the premises identified on the license as the licensed location. This license is required in addition to any other business license. Charitable, civic or fraternal organizations that do not barter, sell, serve, dispense or in any manner deal out or otherwise dispose of alcoholic beverages as hereinabove described to members of the general public are exempted from the provisions of this chapter, except as required in section 7.04.150 of this chapter. (MC Ord. 63A § 1, 1977)
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7.04.020: LICENSE; APPLICATION AND ISSUANCE:linklink


A. The application for Mineral County liquor license shall be made on the application form provided for the state of Nevada liquor licenses as required in Nevada Revised Statutes 369.150, and shall be completed in compliance with all requirements of Nevada Revised Statutes 369.190(2).


B. Completed application forms shall be submitted to the county sheriff who shall conduct whatever investigation is required by the board in order to comply with Nevada Revised Statutes 369.190(4), and shall thereupon forward the application to the county clerk to be placed on the agenda.


C. The board shall examine the application and the evidence as required in Nevada Revised Statutes 369.190(4). Upon finding compliance with all applicable requirements of the law including that of Nevada Revised Statutes 369.190(4), the board shall approve the license and forward the application to the county recorder for issuance.

The board shall not issue any license where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained. If the board disapproves the license, it shall return the fees to the applicant together with notice of the reasons for the disapproval. (MC Ord. 63A § 2, 1977)

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7.04.030: LICENSE CONTENTS:linklink

The license shall contain the following information:


A. The name of the person to whom it is issued;


B. The location, by street and number, of the premises for which the license is issued;


C. That it is a Mineral County liquor license. (MC Ord. 63A § 3, 1977)

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7.04.040: LICENSE; SIGNATURE, POSTING, NONTRANSFERABLE:linklink

Each license shall:


A. Be signed by the licensee or the authorized representative of the licensee;


B. Be posted in a conspicuous place in the premises for which it was issued;


C. Be nontransferable. (MC Ord. 63A § 4, 1977)

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7.04.050: GROUNDS FOR SUSPENSION AND REVOCATION OF LICENSE:linklink

The board of county commissioners may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter, and shall have power to suspend or revoke any license for any one of the following acts or omissions:


A. Misrepresentation of material fact by the applicant in obtaining a license under this chapter; or


B. If the licensee violates or causes or permits to be violated any of the provisions of this chapter; or


C. If the licensee commits any act which would be sufficient grounds for the denial of an application for a license under this chapter; or


D. If the licensee fails to pay fully the county license fees when due or any penalty in connection therewith imposed by law, or violates any law or regulation of the county or state respecting liquor licenses. (MC Ord. 63A § 5(A), 1977)

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7.04.060: SUSPENSION AND REVOCATION; PROCEDURE:linklink

The liquor license may be suspended or revoked as follows:


A. Upon the filing with the board of county commissioners a verified complaint charging the licensee with the commission, within one year prior to the date of filing the complaint, of any act which is cause for suspension or revocation of a license, the board shall issue a citation directing the licensee, within ten (10) days after service thereof upon him, to appear by filing with the board his verified answer to the complaint, showing cause, if any he has, why his license should not be suspended or revoked. Service of the citation with a copy of the complaint shall be made upon the licensee as provided by the Nevada rules of civil procedure for the service of process in civil actions.


B. Failure of the licensee to answer within the time specified shall be deemed an admission by him of the commission of the act or acts charged in the complaint. Thereupon, the board shall forthwith suspend or revoke the license, as the case may be, and shall give notice of such suspension or revocation by mailing a true copy thereof, by United States registered or certified mail, in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at his latest address of record.


C. Upon the filing of the answer, the board shall fix a time and place for a hearing and give the licensee and the complainant not less than five (5) days' notice thereof. The notice may be served by depositing in the United States mail a true copy of the notice enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee and to the complainant, respectively, at their last known addresses. With the notice to the complainant there shall be attached or enclosed a copy of the answer. If either party has appeared by counsel, the notice shall be given, in like manner, to counsel instead of to the party.


D. Upon the hearing, the board shall hear all relevant and competent evidence offered by the complainant and by the licensee. After the hearing is concluded and the matter submitted, the board shall, within ten (10) days after such submission, render its decision in writing suspending or revoking the license or dismissing the complaint, with a statement of the reasons therefor. The board shall give to the complainant and to the licensee, or their respective attorneys, notice of such recommendation, by mail, in the same manner as prescribed in this section for giving notice of hearing. (MC Ord. 63A § 5(B), 1977)

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7.04.070: SUSPENSION, REVOCATION OR RENEWAL; RECOMMENDATION:linklink

If, pursuant to any provisions of Nevada Revised Statutes 369.230 through 369.290, the board recommends suspension, revocation or renewal of any state liquor license, they shall, at the time of that recommendation, suspend, revoke or renew the county license in accordance with that recommendation. (MC Ord. 63A § 5(C), 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43149#s392772
7.04.080: FEES; ESTABLISHED:linklink

Fees for the county liquor licenses are as follows:


A. In the town of Hawthorne:

1. Package liquor store, seventy five dollars ($75.00) per quarter;

2. Bar, one hundred fifty dollars ($150.00) per quarter plus an additional five dollars ($5.00) per quarter for each person tending bar other than the owner during any period of time within such quarter. The basic license fee shall apply only when there is a single operator of the bar;

3. For restaurants and food establishments wherein only beer, lager beer, ale, porter, or similar malt beverages, and wine are sold, served, or otherwise disposed of in any manner, thirty seven dollars fifty cents ($37.50) per quarter; provided, that with respect to restaurants the sale of the beverage shall be made only with bona fide food orders and food services and the beverage shall be consumed on the premises; and provided further, sales of the beverages in food establishments shall be for consumption outside of the food establishments. "Food establishments" are defined to mean grocery stores, or other stores of that general character.


B. Package liquor store fees per quarter in areas outside of Hawthorne are as follows:

1. Babbitt: $37.50

2. Babbitt for beer sales only: $37.50

3. Schurz: $37.50

4. Mina and Luning: $37.50

5. For all other areas in the jurisdiction of the board: $37.50


C. All bars in the jurisdiction of the board outside the town of Hawthorne shall pay a liquor license fee of forty five dollars ($45.00) per quarter.


D. For this section the following terms shall have the following meanings:

BAR: A bar or any place where any or all of the beverages mentioned in section 7.04.010 of this chapter are sold, served or otherwise disposed of in any manner, to be consumed at the place or upon or in connection with the premises where so sold, served or otherwise disposed of, or elsewhere.

PACKAGED LIQUOR STORE: A liquor store, or any place where any or all of the beverages mentioned in section 7.04.010 of this chapter are sold, dispensed or otherwise disposed of by the bottle, package, case, keg, barrel or other similar manner, but not to be consumed at the place or upon or in connection with the premises where so sold, dispensed or otherwise disposed of. (MC Ord. 63A § 6, 1977)

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7.04.090: PAYMENT OF FEES:linklink


A. All license fees are due and payable on July 1 of each year, paid annually, or on July 1, October 1, January 1, and April 1 if paid quarterly. The payment of fees, on either a quarterly or annual basis, shall be at the licensee's option. If a license fee is not paid within fifteen (15) days of its due date, whether being paid quarterly or annually, then a penalty of fifty percent (50%) of the license fee initially due at that time will be assessed and added to the initial fee due. However, the board reserves the right to reject any such late payment of license fee and penalty and may instead cancel the license in question. If a license fee plus the added fifty percent (50%) penalty is not paid within thirty (30) days of the initial due date, then the license shall be automatically cancelled and the licensed premises or function shall cease operation immediately. In such an event, the sheriff of Mineral County, his agents, or assigns, shall, at the expiration of the thirty (30) day period take whatever steps that are necessary, including, but not limited to, padlocking licensed premises, to ensure that the licensee shall cease operating. A liquor license that has been cancelled as outlined hereinabove can only be reinstated under the procedures outlined in section 7.04.020 of this chapter. Payments of the license fee, on the initial issuance of the license, shall be for the balance of the year or quarter. The licensee shall have the option, on the initial issuance of the license, to make either yearly or quarterly payments.


B. If any license is issued at any time during the year other than by July 15, and yearly payments elected to be made by the licensee, the fee shall be for that proportionate part of the year that the license will be in effect, but in no event shall the fee to be paid be for less than one quarter of a year. If the licensee elects to pay a quarterly rather than an annual fee, and the license is initially issued after July 15, October 15, January 15, or March 15, the fee shall be for that proportionate part of the quarter that the license shall be in effect, but in no event shall the fee to be paid be for less than one month.


C. No license shall be dated other than on the first day of the month in which it is granted. (MC Ord. 71A § 1, 1979: MC Ord. 63A § 7, 1977)

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7.04.100: EMPLOYMENT OF MINOR:linklink


A. No "bar" as defined in section 7.04.080 of this chapter may employ a minor as a bartender.


B. No licensee may allow any minor to drink any of the beverages mentioned in section 7.04.010 of this chapter, or loiter, dance, or play any game on any premises licensed as a "bar" or "packaged liquor store" as defined in section 7.04.080 of this chapter except that minors may be allowed to eat in restaurant portions of such premises.


C. It is unlawful to sell or otherwise dispose of any beverage herein mentioned contrary to the provisions of any act of congress or any statute of the state of Nevada. (MC Ord. 75A § 1, 1979: MC Ord. 63A § 8, 1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43149#s392775
7.04.110: WHOLESALE LIQUOR LICENSE:linklink


A. Any person licensed by the state to sell any liquor or beer under Nevada Revised Statutes 369.180(2) or (3) may obtain a license to conduct the same licensed activity within Mineral County by applying to the board and paying the county fee of thirty dollars ($30.00) per quarter therefor.


B. "Wholesale dealer" means the same as defined in Nevada Revised Statutes 369.130.


C. Any violation of any laws governing wholesale dealers shall be grounds for revocation or suspension of the county license.


D. No person who does not have a fixed and definite place of business within the county shall conduct business of selling alcoholic beverages as defined in section 7.04.010 of this chapter except pursuant to the provisions of this section.


E. No person who is engaged as a wholesale dealer shall sell liquor to any person in the county who does not have a valid liquor license or are otherwise exempt. For this section, "liquor" means any of the beverages listed in section 7.04.010 of this chapter, and "sell" means the same as defined in Nevada Revised Statutes 369.100.


F. Any person who is licensed as a wholesale dealer in the county may not be issued a county liquor license. (MC Ord. 63A § 9, 1977)

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7.04.120: SALE BY DRUGSTORE UPON PHYSICIAN'S PRESCRIPTION:linklink


A. Nothing in this chapter shall be construed as prohibiting the sale of any beverage mentioned in this chapter by a duly licensed drugstore upon a physician's prescription.


B. Nor shall this chapter be construed to require any person serving liquor to family member or guest, in his own residence, and without compensation therefor, to be licensed. (MC Ord. 63A § 10, 1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43149#s392777
7.04.130: BAR AND PACKAGED LIQUOR STORE DISTRICT:linklink

The bar and packaged liquor store district of the town of Hawthorne shall consist of all that portion of the town of Hawthorne from 10th Street to 3rd Street on E Street, from D Street to the Eastern town limits on 5th Street, from 5th to 6th Streets on F Street. No liquor licenses shall be issued for establishments located in any other part of the town of Hawthorne. (MC Ord. 63A § 11, 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43149#s392778
7.04.140: VALIDITY OF COUNTY LIQUOR LICENSES:linklink

County liquor licenses valid on January 11, 1978, shall remain valid only until they expire or until the licensee fails to comply with any regulations or to pay any of the fees required by this chapter. Upon expiration of current county licenses, such licensees shall be required to become licensed under this chapter. (MC Ord. 63A § 12, 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43149#s392779
7.04.150: SPECIAL LIQUOR LICENSE; CRITERIA:linklink

The provisions of section 7.04.010 of this chapter shall not apply to civic, charitable, and fraternal organizations within Mineral County for special events, if such organization has secured a special liquor license pursuant to the following criteria:


A. The organization shall submit an application signed by the president or chief executive officer of the organization containing the following information:

1. The name of the organization;

2. The business address of the organization;

3. The function for which the application is being filed;

4. The place, date and times of the function;

5. The general purpose for which the revenue from the liquor sales is to be used by the organization;

6. Proof as to the organization's status as a civic, charitable or fraternal organization.


B. Special events shall include, but not be limited to, any activity wherein alcoholic beverages are bartered, sold, served, dispensed or in any manner dealt out or otherwise disposed of at any location other than on the premises normally occupied by the organization.


C. The special liquor license will be issued only on a forty eight (48) hour duration.


D. A special liquor license will only be issued four (4) times a calendar year to any one organization.


E. The special liquor license, if issued by the liquor board, will contain the following information:

1. The name of the organization to whom it is issued;

2. The location, by street and number, of the premises for which the license is issued;

3. That it is a Mineral County special liquor license;

4. The effective time and dates of the license.


F. Each license shall:

1. Be signed by the licensee or the authorized representative of the licensee;

2. Be posted in a conspicuous place in the premises for which it was issued;

3. Be nontransferable.


G. Subsequent application for a special liquor license will be processed in view of the above criteria and past experience of the organization concerned.


H. There will be no fee for a special liquor license. (MC Ord. 63A § 13, 1977)

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