Chapter 5.24
ALCOHOLIC BEVERAGES1,2linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605
5.24.010: PURPOSE OF PROVISIONS; PERSONS PROHIBITED FROM HOLDING A LIQUOR LICENSE:
5.24.020: DUTIES OF SHERIFF:
5.24.030: LICENSE APPLICATION PROCEDURE:
5.24.040: LICENSE APPLICATION; MULTIPLE OWNERS:
5.24.050: LICENSE APPLICATION PROCESSING AND INVESTIGATION; BOARD ACTION:
5.24.060: LICENSE RENEWAL:
5.24.070: LICENSE; NONTRANSFERABILITY:
5.24.080: LICENSE FEES; GENERALLY:
5.24.090: LICENSE FEES; TERMS AND AMOUNTS:
5.24.100: LICENSE; PUBLIC DISPLAY:
5.24.105: LICENSE SUSPENSION; GROUNDS:
5.24.110: LICENSE REVOCATION; GROUNDS:
5.24.120: LICENSE REVOCATION; PROCEDURE:
5.24.130: RIGHT OF ENTRY FOR INSPECTION:
5.24.140: RESTRICTIONS RELATING TO MINORS:
5.24.150: RESTRICTIONS RELATING TO LOCATION OF PREMISES:
5.24.160: GENERAL MANNER OF CONDUCT:
5.24.170: PENALTY FOR VIOLATION:

5.24.010: PURPOSE OF PROVISIONS; PERSONS PROHIBITED FROM HOLDING A LIQUOR LICENSE:linklink


A. Purpose: It is declared to be the policy of this chapter that all establishments where alcoholic beverages are sold shall be licensed and controlled so as to protect the public health, safety, good order and general welfare of the inhabitants of the county outside the boundaries of any unincorporated city or town therein, and it is made the duty of the sheriff of the county to investigate into the qualifications of each applicant for licenses as required under this chapter before any such license is issued, to the end that licenses shall not be issued to unqualified or disqualified persons or to unsuitable persons or for prohibited places or locations.


B. Unqualified Persons: To better define the policy of this chapter, the following persons are declared to be unqualified or unsatisfactory to hold any liquor license under the provisions of this chapter:

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

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

b. In this state, or elsewhere, of any crime of which fraud or intent to defraud was an element;

c. Of larceny in any degree;

d. Of buying or receiving stolen property;

e. Of unlawfully possessing or distributing controlled substances per the Nevada Revised Statutes;

f. Of illegally using, carrying or possessing a pistol or other dangerous weapon;

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

3. A person who does not possess a good moral character;

4. A person who, the liquor board determines, is not a suitable person to receive a license under the provisions of this chapter, having due consideration for the proper protection of the public health, safety, good order and general welfare of the inhabitants of the county.


C. Applicability: The provisions of this chapter shall apply to any event, including, without limitation, an event at which the payment of any fee, cost of admission, hosting fee, purchase of a promotional item or raffle ticket, or the purchase of personal or real property, entitles a person to consume alcohol at any other location other than the place of a fixed or permanent place of business, whether or not any such person actually consumes alcohol.


D. Definitions: As used in this chapter, the following terms are defined as follows:

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. Any liquid containing beer in combination with any other liquor shall not be construed to be beer.

LIQUOR: Beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid containing one-half (1/2) of one percent (1%) or more of alcohol by volume and which is used for beverage purposes.

SALE OR TO SELL: Means and includes any of the following:

1. To exchange, barter, possess or traffic in;

2. To solicit or receive an order for;

3. To keep or expose for sale;

4. To serve with meals;

5. To deliver for value in any way other than gratuitously;

6. To peddle;

7. To possess with intent to sell;

8. To transfer to anyone for sale or resale;

9. To possess or transport in contravention of this chapter;

10. To traffic in for any consideration, promised or obtained directly or indirectly; or

11. To procure or allow to be procured for any reason.

WINE: Any alcoholic beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar. Any liquid containing wine in combination with any other liquor shall not be construed to be wine. (Bill 2006-M, 2006: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698818
5.24.020: DUTIES OF SHERIFF:linklink

It shall be the duty of the sheriff of the county to do the following:


A. Inspect or cause to be inspected any establishment where alcoholic beverages are sold;


B. Investigate into the qualifications of all applicants for licenses as provided in this chapter and report the results of his investigations to the liquor board and to recommend the allowance or disallowance of any application for a license under the provisions of this chapter;


C. Institute through proper authorities, proceedings, actions and prosecutions for the enforcement of the provisions of this chapter relating to the penalties, liabilities and punishment of persons for refusal or neglect to comply with the provisions of this chapter;


D. Recommend to the liquor board the revocation of any license issued under the provisions of this chapter when a licensee has refused to comply with or has violated any of the provisions of this chapter or any law of the state or the United States of America regulating or pertaining to the sale of alcoholic beverages, or for misrepresentation of a material fact by the applicant in obtaining a license or when a licensee is determined to be no longer a suitable person to hold a license under the provisions of this chapter, having a due consideration for the proper protection of the public health, safety, good order and general welfare of the inhabitants of the county;


E. The sheriff shall have authority to immediately suspend any license granted under this chapter where he has reasonable cause to believe that an immediate threat exists to public health, safety, or to the good order and general welfare of the inhabitants of the county. Section 5.24.105 of this chapter shall govern the procedure associated with any such suspension.


F. Except as otherwise provided in this chapter, the sheriff shall have authority to institute regulations governing the time, place, and manner of use of any license granted herein and to impose conditions upon any such license, provided that such regulations and conditions are reasonably related to public health, safety, or to the good order and general welfare of the inhabitants of the county. (Bill 2006-M, 2006: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698819
5.24.030: LICENSE APPLICATION PROCEDURE:linklink

Before any license is issued by the liquor board authorizing the sale of alcoholic beverages, the applicant therefor shall submit a written application for such license, under oath, setting forth the following information:


A. The name, age and address of the applicant, and the addresses of all residences during the five (5) years immediately prior to the date of application;


B. A description of the premises to be licensed and the owner thereof, if other than the applicant, together with the exact location of the premises and the portion thereof to be occupied by the establishment for which the license is sought;


C. The type of license for which application is made. An application for an amusement park or special events license must specifically state whether or not the license is to be limited to beer and/or wine only;


D. The name of the owner or owners of the business to be conducted and the respective interests of each owner, as provided in section 5.24.040 of this chapter;


E. The dates and places in which the applicant has held previous liquor licenses;


F. A statement that if the license is issued, the applicant will conduct the establishment in accordance with the provisions of the laws of the state, the laws of the United States Of America, and the ordinances of the county applicable to the conduct of such business and that such application is made upon the express condition that if the license is granted, it shall be subject to revocation in accordance with the provisions of this chapter. (Bill 2006-M, 2006: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698820
5.24.040: LICENSE APPLICATION; MULTIPLE OWNERS:linklink

In the event an applicant for licensing is not the sole owner of the business to be conducted on the premises for which the license is sought, the application must be accompanied by a sworn statement listing all owners of the business and their respective interests therein. A license issued in such circumstances shall bear the names of all owners of the business so licensed and each person so listed upon the license shall be deemed responsible for the proper conduct of the business. (Bill 2005-B, 2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698821
5.24.050: LICENSE APPLICATION PROCESSING AND INVESTIGATION; BOARD ACTION:linklink


A. Every application for a liquor license shall first be filed with the business license department of Churchill County. Each such application shall be accompanied by a license fee payment in the amount consistent with the type of license sought under this chapter. As a condition precedent to the issuance of any license under this chapter, the applicant shall obtain a business license as is or may be provided for by chapters 5.00 and 5.04 of this title. Any application under this section for an initial licensing shall also be accompanied by a nonrefundable investigation fee, in an amount to be set by resolution of the board of county commissioners. Every person making initial application under this chapter shall also obtain a statement, from the business licensing department, that the intended license application conforms with the use of the land in the area or neighborhood where the use or event for which the license is sought is intended to be allowed or conducted.


B. The sheriff, upon provision by the business license department of an application for a liquor license under this chapter, together with all statements of compliance with the provisions of chapters 5.00 and 5.04 of this title, and any statement of compliance with the use of the land in the area or neighborhood where the use or event for which the license is sought is to be conducted shall thereafter investigate into the qualifications of the applicant and report the results of his investigation to the liquor board. Upon receipt of such information the sheriff shall, within a reasonable time thereafter, recommend approval or disapproval of the application and transmit all information pertaining to the license application to the liquor board for its action in granting or refusing the application. If the application is granted the liquor board shall cause the license to be issued.


C. The sheriff may, where unforeseen circumstances exist, including, without limitation, the inability of the board to timely convene a public meeting and consider any such application, grant a temporary liquor license to the applicant, upon submission of a proper application, subject to final approval by the liquor board at its next regularly scheduled meeting. Any temporary license issued under this section becomes final upon action of the board and no additional action need be undertaken by the applicant. No additional approval or license need be issued. (Bill 2010-H, 2010: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698822
5.24.060: LICENSE RENEWAL:linklink

Notwithstanding any other provisions of this chapter, the procedures set forth under this chapter for the application and issuance of liquor licenses shall not apply to the renewal of licenses previously issued to the same applicant. With respect to such renewal of licenses, no formal application procedure shall be required and the sheriff shall cause the reissuance or cancellation of such license renewals in the following manner:


A. The sheriff shall have authority to renew any license granted under this chapter without presenting any request for renewal to the liquor board. Any request for renewal granted under this section shall be accompanied by payment of a renewal fee in an amount to be established by resolution of the liquor board. In the absence of any cause existing against reissuance of a license, the sheriff shall reissue a liquor license under this chapter.


B. The sheriff shall, where cause exists to believe that the renewal of a license under this chapter would be contrary to the public health, welfare, safety, or to the good order and welfare of the county, present the matter of the renewal of any such license to the liquor board for its consideration. Upon a finding, by the liquor board, that the renewal of a license under this chapter would be contrary to the public health, welfare, safety, or to the good order and welfare of the county, the liquor board shall enter an order denying the renewal of the liquor license.


C. Any licensee whose license renewal has been disapproved by the liquor board shall be notified in writing, in the manner provided for by section 5.24.120 of this chapter, upon which the licensee may avail himself of the procedures set forth therein. (Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698823
5.24.070: LICENSE; NONTRANSFERABILITY:linklink


A. No license granted or issued under any provision of this chapter shall be in any manner assignable or transferable, or shall authorize any person other than as therein named to do business, or authorize the conduct of any business other than therein specified, at any place other than therein mentioned.


B. If a business is owned or conducted by a partnership, corporation or association, a sale or transfer of the stock or equity in such partnership, corporation or association, in an amount in excess of forty nine percent (49%) thereof, will require the application for and issuance of a new liquor license, notwithstanding the fact that such firm or business continues its operation in the same style or trade name and at the same location. A sale and transfer of equity or stock in such business, in amounts not exceeding forty nine percent (49%), shall not require new licensing for such business; provided, however, that the names and addresses of all such new owners of the licensed business shall be reported to the county sheriff's office for inclusion on the next succeeding quarterly license for such business. (Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698824
5.24.080: LICENSE FEES; GENERALLY:linklink


A. All fees and charges for liquor licenses shall be paid on a quarterly basis, in advance, at the time of application therefor to the business licensing department of Churchill County. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated and the license fee paid for each quarter or fraction thereof during which the business has been or will be conducted. License fees paid pursuant to this chapter shall not be refundable, but shall be deposited with the county treasurer for deposit in the general fund of the county.


B. Except as otherwise provided for herein, all initial licensing and renewal fees may be established upon resolution by the liquor board at any time.


C. All initial and renewal fees are nonrefundable and shall be paid to the business licensing department of Churchill County, Nevada.


D. Licensing fees shall be paid to the business licensing department, by any licensee under this chapter, in accordance with the following schedule:

First quarter (January through March), on or before January 10 of the quarter;

Second quarter (April through June), on or before April 10 of the quarter;

Third quarter (July through September), on or before July 10 of the quarter;

Fourth quarter (October through December), on or before October 10 of the quarter.


E. License fees not paid on or before the tenth day of each month set forth by subsection D of this section shall be deemed delinquent. A delinquent fee penalty consisting of an amount of ten percent (10%) of the quarterly license fee shall be added to all payments received after becoming delinquent.


F. Where payment by a licensee under this section is delinquent, such nonpayment of quarterly license fees shall be deemed a sufficient basis for the suspension or revocation of a license granted under this chapter.


G. The board finds that enforcement activities under this chapter, relating to a full liquor license, touch and concern public health and safety; that the establishment of a schedule of fees under this section comprehends such public interests. (Bill 2006-M, 2006: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698825
5.24.090: LICENSE FEES; TERMS AND AMOUNTS:linklink


A. It is unlawful for any person, firm, corporation or association to engage in the business of selling, or to sell or offer for sale, any alcoholic beverage in the county outside the limits of any incorporated city therein without first procuring a license therefor and without first paying to the county a liquor license tax according to the fee schedule set forth in this section.


B. The licenses provided for under this chapter and any fees payable therefor shall be in addition to and not included with any other license required by state law or ordinances of the county.


C. The liquor license fees shall be paid according to the following schedule:

1. Retail Package License: Retail sale of packaged liquor (alcoholic beverages sold only in manufacturer's original package or container), a fee, as established by resolution of the board of county commissioners;

2. On Premises License: On premises alcoholic beverages license, a fee, as established by resolution of the board of county commissioners;

3. Combination Retail And On Premises License: Combination retail and on premises license (alcoholic beverages sold in manufacturer's original package or container and alcoholic beverages sold for consumption on premises of sale), a fee, as established by resolution of the board of county commissioners;

4. Amusement Park Or Special Events Licenses: The sale of liquor for consumption in any amusement park, at any special event or other than at a fixed and permanent place of business shall be licensed at a fee, as established by resolution of the board of county commissioners.

Such a license shall entitle the holder thereof to sell liquor for consumption on the premises where sold, subject to all reasonable terms and conditions that the board or sheriff may impose upon the license granted, including, without limitation, a schedule of hours during which liquor may be sold and the location of liquor sales upon the licensed premises. The sheriff may issue a license under this section to any active liquor license holder. The sheriff or the board may limit the sale of liquor under this section to beer and/or wine only.

The application shall be made in the same manner as provided under this chapter for other licenses, except that the application shall be accompanied by the license fee for the period for which licensing is sought.

The board or the sheriff may refund the license fee required under this subsection on application of a duly authorized representative of any nonprofit service club or similar organization in the county certifying that the proceeds of the sale of all alcoholic beverages are to be applied for a charitable purpose.

The board or sheriff may waive fees for any license granted under this subsection C4 to any charitable organization where, in the discretion of the board or sheriff, such waiver is or may be a benefit to the public. (Bill 2006-M, 2006: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698826
5.24.100: LICENSE; PUBLIC DISPLAY:linklink

During all of the period of time for which a license has been issued authorizing the sale of alcoholic beverages, the license shall be posted and at all times displayed in a conspicuous place in the room where such business is carried on so that all persons visiting such place may readily see and read the same. It is unlawful for the licensee to fail to so post the license, or to keep the same posted, or to post such license or to permit such license to be posted in an establishment other than the licensed, or in an establishment where traffic in alcoholic beverages is carried on or conducted by any person other than the licensee. (Bill 2005-B, 2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698827
5.24.105: LICENSE SUSPENSION; GROUNDS:linklink

Any license granted under this chapter is subject to suspension as follows:


A. The sheriff or undersheriff, upon consultation had with the district attorney, shall have authority to temporarily suspend any license granted under this chapter where he has reasonable cause to believe that an immediate threat exists to the public health, welfare, or the safety of the inhabitants of the county subject to the following conditions:

1. Any suspension imposed under this subsection must not exceed twenty four (24) hours in duration.

2. Upon correction of the condition or conditions giving rise to a suspension under this subsection, by the licensee, to the satisfaction of the sheriff or undersheriff, the sheriff or undersheriff shall reinstate the license prior to the expiration of the twenty four (24) hour period.

3. In the absence of correction, by a licensee, of any condition or conditions causing a temporary suspension, an additional twenty four (24) hour period of suspension may be imposed by the sheriff or undersheriff.

4. Any combination of suspensions imposed under this subsection may not exceed a total of forty eight (48) consecutive hours.


B. The liquor board, on its own initiative, or upon complaint of any person, may institute proceedings to suspend a license issued under this chapter. Such proceedings shall be commenced upon provision of written notice to the licensee setting forth alleged grounds for such suspension and notifying the licensee of the procedure by which he may contest a proposed license suspension. Service of such notice shall be given in person to the licensee or by certified mail to the licensee's address as shown on the license application filed pursuant to the provisions of this chapter.


C. Within five (5) days of the date of service of the notice, as set forth by subsection B of this section, the licensee shall provide to the chair of the liquor board a written answer, sworn to upon an oath, responding to the allegations of the notice. Notice of suspension given the licensee shall state the date upon which an answer is due.


D. The liquor board shall thereafter fix a day and time for a hearing at which the matter of suspension shall be heard. Evidence received at the hearing may be admitted if it is of the type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Reasonable cause must exist that an immediate threat exists to public health, safety and welfare to sustain a suspension. Every witness shall declare, by an oath or affirmation, that he will testify truthfully.


E. The liquor board may immediately proceed to enter findings of fact based upon the evidence and it shall, within ten (10) days from the date of such hearing, enter its written order suspending or refusing to suspend the license and impose such terms and conditions set forth in subsection H of this section.


F. In the event that the licensee fails to respond to the notice of suspension within the time required, by providing a written answer, or if the licensee fails to appear at the hearing, the liquor board may proceed to suspend the license for such time and upon such conditions as provided for by subsection H of this section.


G. In all cases, where a temporary suspension was imposed by the sheriff or undersheriff, a report of the suspension shall be made to the board. Notice and an opportunity to be heard shall be given as provided for by subsections B and C of this section and a hearing shall proceed as set forth by subsections D through F of this section.


H. As the result of a hearing on the matter, and upon a finding by the board that reasonable cause exists for further action associated with the license, the board may impose any of the following conditions or combination of conditions upon the license:

1. A term of suspension, not to exceed thirty (30) days in duration;

2. Conditions which must be corrected and establish a time certain in which the conditions must be corrected to avoid suspension;

3. Direct that the report of suspension be purged from the record associated with the license. Where such action has been taken, the matter of the suspension shall not be considered as a basis to deny a renewal of the license under this chapter;

4. Impose such other terms or conditions upon the license reasonably calculated to ensure public health, safety and welfare.


I. Where the board determines that the evidence presented at the hearing is insufficient to sustain a finding of reasonable cause for a suspension, such findings shall be made a part of the record of proceedings. In such an instance, the record made of the report or complaint for suspension shall not be considered as a basis to deny the renewal of a license under this chapter.


J. Notwithstanding action by the sheriff, undersheriff or liquor board relating to the imposition of a suspension, this section is not intended to limit the liquor board, upon its own initiative, or any other person, from instituting proceedings to revoke a license pursuant to section 5.24.120 of this chapter.


K. Grounds for suspension may include, without limitation, the grounds upon which revocation may be instituted as provided for by section 5.24.110 of this chapter or where the interests of public health, safety and welfare justify such action. (Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698828
5.24.110: LICENSE REVOCATION; GROUNDS:linklink

Any license issued under the provisions of this chapter may be revoked by the liquor board of the county as follows:


A. When the licensee or any of its employees has, subsequent to the issuance of the license, been convicted of an offense of such a nature and under such circumstances as to cause the liquor board to conclude that such licensee or individual is no longer a suitable or qualified person to conduct a business dealing in alcoholic beverages in the county;


B. For making any false material statements in an application for a license or employment certificate;


C. For transferring, assigning or hypothecating a license;


D. For failure to pay any installment of the license fee in advance;


E. For refusal or neglect to comply with any of the provisions of this chapter;


F. When it appears that the licensee's business has theretofore been conducted, generally, in a manner contrary to public health, safety, good order and general welfare of the citizens of the county. (Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698829
5.24.120: LICENSE REVOCATION; PROCEDURE:linklink

Any license issued pursuant to this chapter may be revoked in the manner provided in this section.


A. The liquor board may, on its own initiative, or upon complaint of any person, institute proceedings to revoke a license by serving upon the licensee notice setting forth the alleged grounds for such license revocation and notifying the licensee of the procedure by which he may contest such proposed license revocation. Service of such notice shall be in person to the licensee, or by certified mail to the licensee's address as shown on the license application filed pursuant to the provisions of this chapter.


B. Within five (5) days of the date of service of the notice, as aforesaid, the licensee shall file with the county liquor board, through the sheriff of the county, a written answer, under oath, responding to the allegations set forth in the notice served upon him.


C. The liquor board shall thereafter fix a day and time for a hearing at which the licensee will be given an opportunity to be heard.


D. The liquor board shall, within ten (10) days from the date of such hearing, enter its order revoking or refusing to revoke the license.


E. If the licensee fails to file a written answer within the time required, or if the licensee fails to appear at the place and time designated for the hearing, the liquor board shall order the license revoked.


F. If any liquor license is revoked under the provisions of this chapter, no license shall be issued under the provisions of this chapter to the same licensee within two (2) years of the date of such revocation.


G. It is unlawful for any person to cause any complaint to be filed with the liquor board seeking the revocation of any license issued under the terms of this chapter knowing such complaint to be unfounded in actual fact. (Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698830
5.24.130: RIGHT OF ENTRY FOR INSPECTION:linklink

Every official and police officer of the county shall have access to every part and portion of the establishment for which a license is issued under the provisions of this chapter at any time when such establishment is open for the transaction of business and at all other reasonable times. (Bill 2005-B, 2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698831
5.24.140: RESTRICTIONS RELATING TO MINORS:linklink


A. No person shall sell, deliver or give away or otherwise furnish any alcoholic beverage to any person under the age of twenty one (21) years or leave or deposit any such alcoholic beverage in any place with the intent that the same shall be procured by any person under the age of twenty one (21) years.


B. It is unlawful for any person under the age of twenty one (21) years to purchase or consume any alcoholic beverage in any establishment licensed under the provisions of this chapter, and it is unlawful for any parent or guardian of a person under the age of twenty one (21) years to permit such person to purchase or consume any alcoholic beverage in any establishment licensed under the provisions of this chapter.


C. It is unlawful for any person under the age of twenty one (21) years to have any alcoholic beverage in his or her custody or possession at any time or to be found upon any street, alley, parking lot, or other place after having consumed an alcoholic beverage.


D. Except as set forth in subsection E of this section, it is unlawful for any person under the age of twenty one (21) years to enter, loiter, lounge or remain in or upon any premises where alcoholic beverages are licensed to be sold for consumption on the premises or in any room or place in any manner connected therewith or under the control of the licensee, except in drugstores, dining rooms, restaurants, festivals, carnivals, sporting events, or for other special events for which a liquor license has been issued under this chapter.


E. Subject to the limitations set forth in this subsection, any establishment or event licensed under this chapter, which provides musical or other entertainment to its customers, may employ persons under the age of twenty one (21) years to work therein where the services to be performed by such employee are limited to the furnishing of professional entertainment. Entertainers under the age of twenty one (21) years may enter and remain upon and remain in such place of employment under the following circumstances only:

1. In advance of any such employment, the parent or legal guardian of such minor person shall make written application to the county sheriff, which application shall set forth the name of the minor and his date of birth, the name and address of the applicant and his relationship to the minor, the date or dates upon which the minor is to be employed as an entertainer, the place of such employment, and the exact hours or schedule thereof.

2. The sheriff shall investigate all matters pertaining to the application and shall allow or reject the same, giving appropriate notice to the applicant. The sheriff shall be authorized to impose special conditions to any such employment as may be deemed reasonably necessary.

3. Notwithstanding any other provisions of this section, minor persons may be employed as entertainers in establishments where alcoholic beverages are sold only when such minor person is at all times accompanied by and under the supervision of his parent or legal guardian. Further, such minor person shall be allowed within such places of employment only when actually engaged in presenting the entertainment for which he is employed. (Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698832
5.24.150: RESTRICTIONS RELATING TO LOCATION OF PREMISES:linklink

In addition to any other requirements under this chapter, any applicant seeking a liquor license, where the intended use of the license is to sell, offer for sale or otherwise engage in the business of selling alcoholic beverages to the public, where such business is intended to be operated as a permanently established place of business, must first make application for and obtain, as a condition precedent to the issuance of a liquor license, a special use permit, as provided for by title 16 of this code. (Bill 2005-B, 2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698833
5.24.160: GENERAL MANNER OF CONDUCT:linklink

Every business licensed under the provisions of this chapter shall be conducted in a peaceable and orderly manner, and if any licensee permits at his place of business any disorderly conduct, or violates any state or national law or ordinance, or if his business is conducted in a manner offensive to the peace of the neighborhood, or if there exists reasonable grounds for believing any licensee has or is doing any act or thing contrary to any state or national law or ordinance, his license may be revoked as provided under this chapter. (Bill 2005-B, 2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698834
5.24.170: PENALTY FOR VIOLATION:linklink


A. Penalty: Any person, firm, association or corporation who violates the provisions of this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment.


B. Other Penalties: The penalties provided for in this section are cumulative and in addition to any other penalties which may be imposed under this chapter, or as otherwise provided for by law, including, without limitation, suspension or revocation of any license granted under this chapter or immediate administrative and/or criminal citation and/or fines pursuant to title 1, chapter 1.12 of this code. (Bill 2006-M, 2006: Bill 2005-B, 2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9605#s698835


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: NRS § 244.350.
Footnote 2: Prior ordinance history: Ord. 1 §§ 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 1977; Bill 80-R, 1980; Bill 82-C § 1, 1982; Bill 99-H, 1999; Bill 2000-C § 1, 2000.