Chapter 2
ALCOHOLIC BEVERAGESlinklink

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3-2-1: DEFINITIONS:
3-2-2: LICENSE REQUIRED; EXCEPTIONS:
3-2-3: LICENSE REQUIRED; CLASSES:
3-2-4: MINIMUM LICENSING FEES:
3-2-5: APPLICATIONS:
3-2-5-1: LIQUOR LICENSE:
3-2-5-2: SPECIAL EVENT, SPECIAL EVENT BEER AND/OR WINE, OR SPECIAL EVENT ONLY LIQUOR LICENSE:
3-2-6: TRANSFERABILITY:
3-2-7: BARTENDING PROHIBITED:
3-2-8: MINORS:
3-2-9: SUSPENSION; REVOCATION:
3-2-10: PENALTY:
3-2-11: EMPLOYEES; REGISTRATION AND FINGERPRINTING:
3-2-11-1: TERMS DEFINED:
3-2-11-2: POLICY:
3-2-11-3: EMPLOYMENT UNLAWFUL:
3-2-11-4: INVESTIGATION FEE:

3-2-1: DEFINITIONS:linklink


Whenever used in this chapter, the following words shall have the meanings ascribed in this section, unless the context clearly indicates a different meaning. These definitions are in addition to those found in Nevada Revised Statutes 369.010 to 369.140 and are incorporated by reference.

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

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

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

CITY: The city of Ely, Nevada.

CITY CLERK: The city clerk or city administrator of the city of Ely, Nevada, and/or his/her deputy clerk.

COUNCIL: The city council of the city of Ely whether sitting as the liquor licensing board or as the city council.

FRATERNAL, SOCIAL, CIVIC CLUB AND NONPROFIT ORGANIZATION BARTENDER'S AND SERVER'S CARD: A bartender's card and server card issued only to individuals who serve at a bar specific to the fraternal, social, civic club or nonprofit organization for exclusive use at the physical premises of the fraternal, social, civic club or nonprofit organization and cannot be used in conjunction with any "for profit" event, special event or business.

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

LIQUOR: Shall have the meaning ascribed in Nevada Revised Statutes 369.040 to include, beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquor or solid, patented or not, containing one-half of one percent (1/2%) or more of alcohol by volume and which is used for beverage purposes.

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

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

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

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

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

RETAIL LIQUOR SALES: Shall include those businesses who engage in the sale of alcoholic beverages for on site consumption, including, but not limited to, bars, taverns, restaurants, caterers and cafes or similar eating and/or drinking establishments.

RETAIL LIQUOR STORE: Shall have all of the meanings ascribed thereto by the laws of this state as embodied in Nevada Revised Statutes 369.090 or amendments thereto and includes businesses who engage in the sale of alcoholic beverages in the original package for off site consumption.

SALE OR SALES: Shall have all of the meanings ascribed thereto by the laws of the state as codified in Nevada Revised Statutes 369.100, or amendments thereto.

SPECIAL EVENT BEER AND/OR WINE LICENSE: A temporary license issued by the city to a retail liquor license holder which permits the sale, serving or giving away of beer and/or wine, at a location not identified on the retail liquor license, by the licensee at the premises specified on the temporary license for consumption at such premises, the duration of which cannot exceed a period of seven (7) consecutive days. Fraternal, social, civic club and nonprofit organizations cannot be issued a special event beer and/or wine license unless they purchase a retail liquor license.

SPECIAL EVENT LICENSE: Shall be issued by the city allowing the bearer of the license to hold an entertainment event, special occasion party and social gathering, on the premises where the special event occurs. Examples of a special event include, but are not limited to, weddings where the wedding or reception is held at a commercial or public location where the public has access to, such as the convention center, freight barn, a public park, etc.; Fourth Of July celebrations, or similar activities.

SPECIAL EVENT LIQUOR LICENSE: A temporary license issued by the city to a retail liquor license holder which permits the sale, serving or giving away of liquor by the licensee, at a location not identified on the retail liquor license. A special event liquor license allows the sale, serving or giving away of liquor on the premises specified on the license for consumption at such premises, the duration of which, at that location, cannot exceed a period of seven (7) consecutive days. Fraternal, social, civic club and nonprofit organizations cannot be issued a special event liquor license unless they purchase a retail liquor license.

SPECIAL EVENT ONLY LIQUOR LICENSE: A license issued by the city, to a person, company, or association which permits the holder of the license to sell alcohol only at a "special event" as defined in this chapter. The licensee must apply for and be granted a class III liquor license with a caterer's endorsement. This license cannot be used in connection with a brick and mortar retail liquor business. The holder of this license is required to submit the required documents to the city at least seven (7) calendar days prior to the special event and be granted a special event license for each event.

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

WINE: Any alcoholic beverage obtained by fermentation of the natural content of fruits or other agricultural products containing sugar and including, without limitation, port, sherry and champagne. (Ord. 676, 1-14-2016; amd. Ord. 696, 11-17-2016)
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3-2-2: LICENSE REQUIRED; EXCEPTIONS:linklink


A. The public health, safety, morals and welfare of the inhabitants of the city require the regulation and control of all persons who sell, serve or give away liquor, to include persons engaged in the business of liquor sales. Obtaining a liquor license, bartender's card or server's card is a privilege subject to the regulations and conditions which are or may be imposed pursuant to this chapter. A liquor license, bartender's card or server's card may, without limitation, be revoked for violating federal, state or local laws, regulations or conditions.


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

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

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

3. Liquor used during church sponsored events and church sponsored social gatherings held on church premises.

4. The use, sale or dispensing of liquor by any duly licensed medical doctor, apothecary or pharmaceutics who use alcohol or liquor for or in compounding medicine or for medicinal or scientific purposes.

5. The employees of a person who holds a valid, unexpired license pursuant to this chapter, while acting within the course of employment.

6. A private event, not open to the public, such as a company party or a wedding unless such event is held in a public location, such as the convention center, a city park or similar locations where the public has access.


C. A valid license under this chapter authorizes the licensee to sell soft drinks in connection with the business for which the license is issued. (Ord. 676, 1-14-2016)

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3-2-3: LICENSE REQUIRED; CLASSES:linklink


A. License Classes: Nevada Revised Statutes 369.320 authorizes the city to require businesses engaged in the sale of alcoholic beverages to obtain a city liquor license prior to engaging in that particular activity. Under the provisions of this chapter, the following classes of licenses may be issued to qualified applicants:

1. Retail beer and wine license; class I license. Those businesses engaged in retail liquor sales by the drink for on site consumption, limited to the sale of beer and/or wine only. Beer and wine shall have the meaning ascribed to them in Nevada Revised Statutes 369.010 and 369.140 respectively.

2. Packaged liquor license; class II license. Those businesses engaged in retail liquor store sales in the original package for off site consumption including, but not limited to, beer and wine as defined by Nevada Revised Statutes 369.010 and 369.140 respectively for off site consumption.

3. Retail liquor license:

a. Class III license. Those businesses engaged in retail liquor sales by the drink for on site consumption who do not provide any food service in connection with the retail liquor sales or who have eleven (11) seats or less for food service if food service is provided in combination with the liquor sales. This includes those businesses who only serve alcohol as part of a catered event for entertainments, special occasion parties and social gatherings catered by the licensee on the premises or at locations within the city where the licensee is catering entertainments, special occasion parties or social gatherings.

b. Class IV license. Those businesses engaged in retail liquor sales by the drink for on site consumption and who sell such beverages in combination with food service with a minimum of twelve (12) seats.

4. Wholesale liquor license; class V license. Those who engage in the business as a wholesaler of any alcoholic beverage as defined in Nevada Revised Statutes 369.

5. Fraternal, social, civic club and nonprofit organization license.

6. Special event liquor license.

7. Special event beer and wine liquor license.

8. Caterer's liquor license endorsement. A caterer's liquor license endorsement allows the license holder to cater events and serve alcoholic beverages at those events, without requiring additional fees for a special event license. The caterer's liquor license endorsement shall only be issued to those businesses within the city which possess a class I, III or IV license.


B. More Than One Class: Each person conducting activities in more than one class of liquor licenses, as defined in this chapter, must apply for and receive a license for each class applicable before such person can operate in such class.


C. Liquor License Is In Addition To Business License: The liquor license and endorsements required by this chapter shall be in addition to any other licenses required by any person by the city for conducting or carrying on any other business in connection with, or separate from the activities licensed under this chapter.


D. Business Not Located In City Limits: A business not located in the city limits that wishes to sell, serve or give away liquor within the city limits may apply for a caterer's liquor license endorsement upon proof of an existing retail liquor license issued by the city, by the county of White Pine, or by another governmental entity that subjects the licensee to requirements that are the same as or substantially equivalent to the corresponding requirements contained in this chapter.


E. Amendment Of License Fees: The city council may, by resolution, amend the license fees from time to time, provided the requirements of Nevada Revised Statutes 237.080 and 237.090 or subsequent statutes and/or amendments thereto are met. (Ord. 696, 11-17-2016)

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3-2-4: MINIMUM LICENSING FEES:linklink


A. License Fee: As a condition precedent to obtaining a liquor license, along with the application required in section 3-2-5 of this chapter, the applicant must submit the required fee for the applicable license as follows:

1. Class I license: Three hundred ten dollars ($310.00) per year.

2. Class II license: Three hundred thirty dollars ($330.00) per year.

3. Class III license: Three hundred fifty dollars ($350.00) per year.

4. Class IV license: Three hundred seventy dollars ($370.00) per year.

5. Class V license: Four hundred twenty dollars ($420.00) per year.

6. Fraternal, social, civic club and nonprofit organization license: Two hundred dollars ($200.00) per year.

7. Caterer's liquor license endorsement: An addition of one hundred fifty dollars ($150.00) per year added to the applicable liquor license fee.

8. Special event only liquor license: Three hundred fifty dollars ($350.00) for the class III license and one hundred fifty dollars ($150.00) for the caterer's endorsement.

9. Special event fees:

a. Fees for special events for which alcohol is not sold, as defined by this chapter, shall be set by resolution of the city council from time to time, but shall be no less than twenty five dollars ($25.00) for each day, or portion thereof, of the special event.

b. Fees for special events for which alcohol is sold, as defined by this chapter, shall be set by resolution of the city council from time to time, but shall be no less than fifty dollars ($50.00) per day, or portion thereof, of the special event. If the sponsor of a "special event", as defined by this chapter, utilizes a business with a city issued caterer's endorsement, these fees shall be waived.


B. Multiple Business Locations: Those who engage in more than one of the businesses under section 3-2-3 of this chapter shall apply and be approved for and pay the appropriate liquor licensing fee for each physical location along with the city of Ely business license pursuant to chapter 1 of this title.


C. Additional Fee: Whenever a certain license fee is set for a certain class of liquor sales business, the same is to be considered a minimum license fee for such class of business and the city council may, in its discretion, by action regularly taken and entered upon the minutes, order that certain classes of such businesses or that certain establishments in the same class of such business shall pay a license fee in excess of such minimum and which the council may deem just and proper, subject to review as provided below.


D. Grievances: Any applicant, business, agent or representative of an applicant, aggrieved by the license fee fixed and required shall have the right to present such grievance, in person or through an attorney, in writing, to the city council at any regular meeting, and if it is established to the satisfaction of the city council that such license fee is unfair and excessive, the city council may modify or reduce the same by resolution duly adopted and entered upon its minutes, without the necessity of an amendment of this section. (Ord. 696, 11-17-2016)


E. Special Events: Fees for special liquor licenses required by chapter 9 of this title shall be set by resolution of the city council from time to time, but shall be no less than fifteen percent (15%) of the applicable class of license for each day of the special event, with the nature of the event (alcohol and food) being considered in determining what liquor license class is applicable to the event. (Ord. 676, 1-14-2016)

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3-2-5: APPLICATIONS:linklink
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3-2-5-1: LIQUOR LICENSE:linklink


A. First Time Applicant: In the case of a first time applicant for a liquor license in the city, he/she shall submit a statement of places where he/she has resided during the past five (5) years, whether or not he/she has engaged in the liquor business previously and if so, the physical address of each past business, on a form prescribed by the city clerk/city administrator or designee, accompanied by a set of fingerprints recently taken or taken at the Ely City Hall at the time of submitting the application.


B. Written Application: Any person desiring a liquor license shall submit a completed written application on the form provided by the city clerk/city administrator or designee, submitting the annual payment of the applicable liquor license class fee, and the completed business license application and fee pursuant to chapter 1 of this title.


C. Submission To City Council: The city clerk/city administrator or designee shall, upon receipt of the application and all attachments, present them to the city council, sitting as the city of Ely liquor board and then as the city council for its approval or rejection. Should the Ely liquor board or the city council reject an application for a liquor license, the fees paid by the applicant shall be returned to the applicant within thirty (30) calendar days of rejection of the application by the city council.


D. Application Due Dates:

1. New applications are accepted at any time by the city clerk/city administrator or designee and presented at the next liquor board and city council meeting.

2. Renewal applications shall be accepted by the city in such time as to allow the renewal to occur not more than one year after the initial license was issued and shall be renewed annually thereafter.


E. Located In Residential District: If the location of a retail liquor business is intended to be in a residential district of the city, or in a zone which may be designated for residential purposes, there shall also accompany such application the petition, in writing, of not less than seventy five percent (75%) of the number of residents, householders or property owners residing or owning property within a radius of five hundred feet (500') of the premises in which such business is contemplated to be established, stating whether or not they favor the granting of such license.


F. Zoning Requirements: All establishments for the sale of liquor, except the special event only liquor license, shall be required to meet all zoning and building requirements pursuant to titles 9 and 12 of this code. In no case will a new liquor license be granted if the location of the business is within five hundred (500) linear feet of any school. Those businesses currently holding a liquor license as of the implementation of this chapter are exempt from these zoning requirements. (Ord. 696, 11-17-2016)

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3-2-5-2: SPECIAL EVENT, SPECIAL EVENT BEER AND/OR WINE, OR SPECIAL EVENT ONLY LIQUOR LICENSE:linklink


A. A "special event" shall be defined as any event which has as its primary function: entertainment, social gathering, or a special occasion event. A special event license will be required if the person, association, nonprofit, fraternal or other similar organization will be displaying and/or selling wares at the entertainment, social gathering, or special occasion event. Examples include: wedding/reception in a public facility, car races, Rocky Mountain Elk Foundation annual dinner, and similar activities. A special event license shall be issued when the nature of the event is not purely commercial. Purely commercial activities require a "temporary business license" pursuant to chapter 9 of this title.


B. If an organization plans on selling alcohol, as defined in this chapter, as part of its commercial event, the sponsor of the event must obtain both a "temporary business license" pursuant to chapter 9 of this title and a special event beer and/or wine or special event liquor license (as appropriate) as defined herein, before the event.


C. In order to obtain a special event license, with or without the sale of alcohol, the sponsor of the event must complete and submit the required forms to the city and must pay the applicable fees at least seven (7) calendar days prior to the event. The city council has authorized the mayor to sign the special event license and notify the city council at the first regularly scheduled meeting of what licenses were issued. (Ord. 696, 11-17-2016)

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3-2-6: TRANSFERABILITY:linklink


A. License Not Transferable: No license granted under this chapter shall be assignable, transferable or authorize any person not named therein, other than an employee of such licensee, to carry on the business therein specified, nor shall such license authorize the person therein named to carry on the business therein specified in any other place or building than that described in the license without first having obtained a special event permit issued by the city to do so. All licenses so granted shall be in the name of the individual, or names of the partners composing a partnership, or in the name of the corporation applying therefor, and shall not be construed to appertain to the building in which the business is proposed to be carried on. Meaning, if such business shall cease to be carried on at any time during the year for which a license shall have been granted and shall not be resumed prior to the beginning of the ensuing year, then such license shall lapse and be no longer in effect, nor subject to renewal.


B. Lapse: Should a license holder allow a liquor license to lapse, for any reason, he/she shall be required to apply for a license as if he/she were a new applicant. During any period where a license has lapsed, the business shall not be allowed or permitted to sell or give away alcohol. A liquor license shall be considered lapsed if not applied and paid for within fourteen (14) calendar days after the renewal date.


C. Penalty: Should a business be found to have sold liquor or alcohol without a license, the business, its owner or owners and any licensed bartender shall be subject to a civil penalty of one hundred dollars ($100.00) per day for each day which the business operated without a liquor license. The civil penalty, if any, must be paid before a liquor license can be issued. (Ord. 696, 11-17-2016)

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3-2-7: BARTENDING PROHIBITED:linklink


A. License Revocation Or Suspension: It is hereby declared to be the policy of the city that no one who has been previously licensed by the city as a retailer by the drink and whose license has been revoked or suspended shall be employed as a bartender in any other establishment licensed under this chapter after such revocation or during such suspension. (Ord. 676, 1-14-2016)


B. Special Events: In order to protect the privileged liquor licenses that are issued by the city, any organization or person applying for a special event license who intends to sell or give away alcohol during the special event and who does not possess the appropriate retail liquor license or caterer's endorsement shall not be issued a special event liquor license. All special events in which liquor is intended to be sold or given away shall be required to hire a duly licensed retail liquor license holder and must use their bartenders and servers as a condition precedent to the sale or giving away of alcohol at the special event. (Ord. 696, 11-17-2016)

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3-2-8: MINORS:linklink


A. Prohibited Acts:

1. No person under the age of twenty one (21) years shall be allowed to be present or remain in any place of business where such liquors are sold at retail to be consumed on the premises unless accompanied by a parent or guardian, nor shall such person under any circumstances be allowed to purchase or to drink any liquor upon such premises, nor to purchase such liquor for consumption elsewhere, nor to be employed in connection with such liquor sales in any manner.

2. No person under twenty one (21) years of age shall be allowed to purchase any package or packages of liquor in any establishment where liquors are sold whether to be consumed on site or not.

3. It shall be unlawful for any person under the age of twenty one (21) years who has consumed any alcoholic beverage to be in a public place without direct supervision of a parent or legal guardian.


B. Violation/Penalty:

1. Misdemeanor: Any person under the age of twenty one (21) years violating any of the provisions of this section shall likewise be subject to prosecution for a misdemeanor as provided by the law of the state.

2. Exception: The furnishing to such person of alcoholic beverages by a physician or by a druggist under a physician's prescription therefor shall not be regarded as a violation of this section.

3. Possession: It shall, however, be considered a violation of this section for any person under the age of twenty one (21) years to have in his/her possession at any time any alcoholic beverage unless such possession is shown to have been legally initiated.

4. Identification; Defense: In any legal action for the violation of this section by a licensee, employee or agent, it shall be no defense for the licensee, employee or agent to prove that he asked such minor to show a driver's license or other official document purporting to show the bearer's age, and that such official document was produced. The alteration or falsification of such official document by a minor or by anyone shall be punishable as a misdemeanor. (Ord. 676, 1-14-2016)

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3-2-9: SUSPENSION; REVOCATION:linklink


A. Grounds: All licenses issued hereunder shall be subject to suspension or revocation at any time by the city council for:

1. Failure To Comply: Any failure of any such licensee, or of any agent, servant or employee of any such licensee, while engaged in the conduct of the licensed business, to comply with any of the provisions of this chapter or of any other ordinances of the city; or

2. Unsafe Conditions: If such licensee shall maintain or carry on such business in any building or structure which is unsafe, unsanitary, a fire menace or a danger to life or health; or

3. Disorderly Conduct: If such licensee shall permit fighting, challenging to fight or other disorderly conduct upon the part of patrons of such business without reasonable efforts to prevent or deter such conduct; or

4. Nuisance: If such business shall become a nuisance, a menace to public health or detrimental to the peace and morals of the city.


B. Citation: Upon such grounds or any of them, the city council may, upon complaint to it by the city clerk, cite any licensee to appear before it at any time to show cause why the license of such licensee should not be suspended or revoked.


C. Hearing: At or before such hearing the licensee may make a statement in his/her own behalf and present a reasonable number of witnesses, if he/she has such, and such other evidence may be produced as the city council may deem relevant for its consideration. In determining whether to take action against any license holder the city council, through action of the liquor control board, will follow Nevada Revised Statutes 233B.121, 233B.122, 233B.123, 233B.125, 233B.127 as amended from time to time by the state legislature. The licensee may appear personally or by attorney at such presentation.


D. Council Action: After such hearing, the license of such licensee may be suspended or revoked by majority vote of the members of the city council, taken at any regular or special meeting and entered upon the minutes thereof.


E. Suspension: The provision for the suspension of license shall apply only if there are extenuating circumstances shown and the council is satisfied that such violation will not occur again and that the suspension of such license for such period as it may deem fit shall be a sufficient penalty.


F. Criminal Proceeding; Right To Refuse Renewal: Nothing in this section shall affect the right of a court under a criminal proceeding to revoke license or licenses after conviction of a defendant as set forth in section 3-2-10 of this chapter, nor the right of the city council to refuse to renew any such license if such hearing be had at a time when an existing license shall be about to expire.


G. Immediate Suspension Or Revocation: As an alternative method of proceeding, the city council, upon complaint to it by the city clerk, for a violation of any of the provisions of this chapter, may summarily, if emergency circumstances justify the action, and without any notice to licensee to appear and show cause, suspend or revoke any license issued hereunder. Such suspension or revocation shall become effective forthwith upon service of written notice thereof by the chief of police or any policeman upon such licensee or his employee.


H. Alternative Penalty For Violation Regarding Minors: Any licensee, who is also responsible for his employees and/or agents, violating the provisions of subsection 3-2-8A of this chapter may, in lieu of revocation or suspension of the licensee's liquor license issued by the city, consent to the administrative penalties described as follows:

1. First violation:

a. Letter of reprimand sent via certified mail; and

b. A one hundred dollar ($100.00) administrative fine imposed upon the license holder.

2. Second violation within one year of previous violation:

a. Same as subsection H1a of this section; and

b. Licensee shall be required to attend a meeting of the city council as notified in the letter of reprimand and provide an explanation how the second violation occurred and what plans, if any, the licensee shall institute to ensure that further violations do not take place; and

c. Mandatory two hundred fifty dollar ($250.00) civil fine payable to the city within the time frame as required and identified within the letter of reprimand; and

d. Mandatory one week suspension of the licensee's liquor license for the specific period identified in the letter of reprimand.

3. Third violation within one year period of the previous violation:

a. Same as subsection H1a of this section; and

b. Same as subsection H2b of this section; and

c. Mandatory five hundred dollar ($500.00) civil fine payable to the city within the time frame as required and identified within the letter of reprimand; and

d. Mandatory two (2) week suspension of the licensee's liquor license for the specific period identified in the letter of reprimand.

4. Fourth violation within one year of the previous violation:

a. Same as subsection H1a of this section; and

b. Same as subsection H2b of this section; and

c. Mandatory one thousand dollar ($1,000.00) civil fine payable to the city within the time frame as required and identified within the letter of reprimand; and

d. Mandatory suspension of licensee's liquor license for one year. (Ord. 676, 1-14-2016)

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3-2-10: PENALTY:linklink

The violation of any provision of this chapter where no previous penalty is provided for shall be punishable as provided in section 1-4-1 of this code and, upon conviction thereof, the court may revoke any and all such licenses which may have been issued hereunder to the person for such liquor business in the room or premises in which such violation occurred. (Ord. 676, 1-14-2016)
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3-2-11: EMPLOYEES; REGISTRATION AND FINGERPRINTING:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=82972#s1159191
3-2-11-1: TERMS DEFINED:linklink

As used in this section 3-2-11, the following words and terms shall have the meanings ascribed to them in this section:

ALCOHOLIC BEVERAGES: Any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters, beer, wine and every liquid or solid containing alcohol capable of and designed for the consumption by human beings.

EMPLOYEES: Employees of establishments where alcoholic beverages are sold at retail means bartenders, waiters and other persons who serve alcoholic beverages for consumption on the premises, whether classified by the owner as an independent contractor or as a regular full or part time employee. (Ord. 676, 1-14-2016)
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3-2-11-2: POLICY:linklink


A. It is hereby declared to be the policy of the city as expressed by the city council in this section 3-2-11, that the safety, morals, good order and general welfare of the inhabitants of the city will be better protected and served by requiring the registration with the city through its designees at city hall and the thumbprinting/fingerprinting of all employees of establishments where alcoholic beverages are sold at retail on the premises. An "establishment where alcoholic beverages are served" includes temporary liquor licenses for special events. In other words, a person who works as a bartender or who serves alcoholic beverages solely pursuant to a temporary liquor license for a special event shall be required to obtain a bar card.


B. It is the intent of this policy to require bartender's cards for noncommercial events such as weddings, family gatherings or similar events, if a business is used to provide food and alcoholic beverages at the event. (Ord. 676, 1-14-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=82972#s1159193
3-2-11-3: EMPLOYMENT UNLAWFUL:linklink


A. Employee: It is unlawful for any person to accept employment in any establishment or special event or to volunteer where alcohol is sold or given away, for an organization with a special event license where alcoholic beverages are sold at retail or given away on the premises, unless such person has first registered his/her name and address with city hall and had his/her thumbprints and fingerprints taken and filed with city hall and has been issued either a bartender's card or a server's card. By registering with city hall and having his/her thumbprints and fingerprints taken and filed, the person herewith authorizes the city to submit said thumbprints and fingerprints to the federal bureau of investigation, pursuant to Nevada Revised Statutes 239B.010 for the purpose of conducting a national background check of the person. (Ord. 696, 11-17-2016)

In addition to registering with city hall as described herein, the employee shall also attend a viewing of a video on alcohol awareness provided by the city within fifteen (15) calendar days of applying for a bartender's card. City staff will schedule convenient times for the viewing of said video.


B. Employer: It is unlawful for any person operating an establishment where alcoholic beverages are sold at retail on the premises or at city approved special events where alcohol is sold or given away, to employ any person required to register with city hall by the terms of this section 3-2-11 unless such person has obtained either a bartender's card or a server's card.


C. Nonissuance Of Card: Bartender's card or server's card will not be issued to those persons listed below:

1. Persons convicted of any crime equivalent to a Nevada category A felony regardless of jurisdiction in which conviction occurred;

2. Persons convicted of any felony involving the use of violence against another person;

3. Persons being supervised by the department of parole and probation, or its equivalent entity from another state, who lack written approval to work in a licensed establishment from the supervising agency;

4. Persons who have been convicted of any felony where firearms were used in the commission of a crime;

5. Persons who have been convicted of any felony or gross misdemeanor where the predicate crime was theft, false pretenses, unlawful use of a credit card, or identity theft.


D. Council Discretion: A person who has successfully completed felony or gross misdemeanor probation or parole and whose civil rights have not been restored or who has not received a pardon may be entitled to a certificate at the sole discretion of the city council.


E. No Negative Law Enforcement Contact For Three Years: Except for those persons falling under subsection C1 of this section, any other person who would otherwise be ineligible for a bartender's card or server's card due to conviction, who can establish the satisfactory completion of probation or parole and who has had no negative law enforcement contact for three (3) consecutive years following completion of probation, parole, jail or prison sentence may apply to the city council for a bartender's card or a server's card. The city council retains the sole right to authorize the issuance of a bartender's card or server's card.


F. No Negative Law Enforcement Contact For Five Years: Except for those persons falling under subsection C1 of this section, any other person who would otherwise be ineligible for a bartender's card or server's card due to a conviction, who can establish the satisfactory completion of jail, prison, probation or parole and who has had no negative law enforcement contact for five (5) consecutive years following completion of probation, parole, jail or prison sentence shall be eligible for a liquor license without city council approval.


G. Failure To Disclose: Failure to fully disclose a felony or gross misdemeanor criminal conviction will be sufficient grounds for denial or immediate revocation of a certificate.


H. Grievance: Any person aggrieved by the denial or revocation of a bartender's card or a server's card may seek a review hearing before the city council by filing a request for review with the city clerk or designee within thirty (30) calendar days of the announcement of the denial or revocation.

1. Failure to appear before the city council and/or to provide clear and convincing evidence demonstrating an error was made in the denial determination or failure to provide clear and convincing evidence meeting the requirements of subsection E or F of this section will result in an affirmance of the denial.

2. A majority vote of the city council is required to overturn a denial or revocation subject to the mayor's right to veto. (Ord. 676, 1-14-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=82972#s1159194
3-2-11-4: INVESTIGATION FEE:linklink


A. Fee: Upon an employee complying with the provisions of subsection 3-2-11-3A of this chapter, city staff shall collect an investigation fee in such amount as is established by resolution by the city council to reimburse the city for the costs of processing the application and issue a certificate to such employee showing compliance therewith. Any information received from the background check shall be confidential and made accessible only to the mayor, the city council, the city attorney, the employer of such person and law enforcement officers. A bartender's card issued pursuant to section 3-2-11-3 of this chapter shall be valid for three (3) years.


B. Nevada Gaming Card: The city shall accept proof of a current valid state of Nevada gaming card as evidence of the background check required by this chapter. The bearer of such current valid state of Nevada gaming card must produce that card upon making application for a bartender's card. The expiration of the bartender's card shall be the same date as that of the state of Nevada gaming card. The bearer of any properly issued, currently valid state of Nevada gaming card shall still be required to watch the video required in section 3-2-11-3 of this chapter and pay a twenty five dollar ($25.00) administrative processing fee for the issuance of the bartender's card.


C. Server's Card: The city shall issue a server's card, which allows the holder of the card to serve alcohol as part of his/her normal duties as a food server or cocktail waiter or waitress, but does not allow the server to act in any capacity as a bartender. A server's card shall be required of any person who serves alcohol, without "making", "creating" or "mixing" drinks. The requirements to obtain a server's card are the same as a bartender's card, except that the server's card shall be issued for one year only and the person seeking a server's card shall be required to renew their card annually by paying a twenty five dollar ($25.00) administrative processing fee for renewal. The cost of the initial background check shall be set by resolution of the city council and adjusted from time to time by resolution.


D. Employer's Responsibility: It shall be the responsibility of the employer of bartenders and servers to provide, on their letterhead, the type of license required for their employee. Ultimately, it is the employer who shall be held liable should an employee work outside of his/her city issued card. An employer shall be fined one hundred dollars ($100.00) per incident where an employee works without the required card, or works in a capacity other than that authorized for the employee.


E. Card Not Transferable: A bartender's card or server's card shall not be transferable and is only valid for the company or business the card was issued for. The card holder may be fined one hundred dollars ($100.00) per incident when he/she works at a location for which he/she does not have the proper work card.


F. Proof Of Card: Each cardholder is required to provide to any person, including, but not limited to, law enforcement, proof that they have a validly issued card at any time they are working either as a bartender or a server of alcohol. Failure to produce the card upon demand, or working without the required card could result in the bartender or server being charged under section 1-4-1 of this code for a misdemeanor. (Ord. 676, 1-14-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=82972#s1159195