Article I. General Provisions linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106732
5.04.010: Findings
5.04.020: Definitions

5.04.010: FINDINGS:linklink


It is found and declared that the public health, safety, morals and welfare of the inhabitants of the County outside an incorporated city require the regulation and control of all persons engaged in, associated with or in control of, the business of liquor sales. All such persons, as defined in this chapter, shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the County outside an incorporated city, and to safeguard the public. It is further found and declared that the right to obtain such a license is a privilege, and that the operation of such liquor sales facility, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violations of the conditions of this chapter. (Ord. 101 § 2, 1983)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106732#s1296511
5.04.020: DEFINITIONS:linklink

For the purposes of this chapter, the following words shall have the meanings set out in this section, unless the context otherwise clearly indicates:

AGENT: A person authorized by the applicant or licensee to act and speak for him.

BOARD: The Nye County Liquor/Licensing Board, as constituted as a merged board pursuant to chapter 5.02 of this title, and comprised of the five (5) members of the Nye County Board of County Commissioners and the Nye County Sheriff.

CLUB: An association of persons, incorporated or not, for the promotion of some common object, but not including associations organized for any commercial or business purpose, owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests.

CORKED: Closed with any stub, stopper or cap, whether made of cork, wood, glass, plastic or metal or any other substance, and includes boxes, cans, cases or kegs.

LICENSE DEPARTMENT: The License Department of Nye County, Nevada.

LIQUOR: Whiskey, wine, beer, malt liquor, gin, cordials, ethyl alcohol or rum, and any other beverage or substance with an alcoholic content of one-half of one percent or more by volume which is used for beverage purposes.

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

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

QUARTER YEAR: One of the following three (3) month periods:


A. January 1 through March 31;


B. April 1 through June 30;


C. July 1 through September 30;


D. October 1 through December 31.

RETAIL: The sale of liquor by the package, bottle or drink to consumers.

RETAIL LIQUOR LICENSE: A license issued by the board which permits the sale of liquor by the drink by the licensee at the premises specified in the license, and/or the sale of unopened liquor in its original container in packages by the licensee at the premises specified in the license for consumption off the licensee's premises. A retail liquor license permits the sale of wine or beer in the original container for consumption on the licensee's premises if the original container is opened at the time of the sale.

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


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


B. To solicit or receive an order for;


C. To keep or expose for sale;


D. To serve with meals being purchased;


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


F. To peddle;


G. To possess with intent to sell;


H. To transfer to anyone for sale or resale;


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


J. To traffic in for any consideration, promised or attained, directly or indirectly; or


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

SPECIAL CLUB LICENSE: An establishment where beer, wine and liquor are sold only by the drink. The sale of beer and wine in the original package for consumption away from the place of purchase is prohibited.

SPECIAL EVENT PERMIT: Permit for selling liquor at a special event by:


A. A nonprofit organization or club which otherwise does not hold a liquor license; or


B. A currently licensed for profit business or other for profit or nonprofit entity which desires to sell liquor outside of its licensed premises.

A special event conducted in a public place must be generally accessible by the public.

WHOLESALE DELIVERY LIQUOR LICENSE: A license issued by the board which permits the sale and delivery of liquor by a person not having a place of business within the County to persons with valid packaged or retail liquor licenses only.

WHOLESALE LIQUOR LICENSE: A license issued by the board which permits the sale and delivery of liquor by a person having a place of business within the County to persons with valid packaged or retail liquor licenses. (Ord. 541, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106732#s1296512