Article III. Licenses; Procedure linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734
5.04.050: Required
5.04.060: Classes
5.04.070: Application
5.04.080: Denial Conditions
5.04.090: Investigation; Fees
5.04.100: Investigation; Sheriff's Duties
5.04.110: Investigation; Report To Board
5.04.115: Inspection By Fire Marshal
5.04.120: Inspection By Health Department
5.04.130: Board Determination; Procedure
5.04.140: Board Determination; Denial
5.04.150: Fees
5.04.160: Fees; Disbursement
5.04.170: Public Display Required
5.04.180: Notice To Be Posted
5.04.190: Renewal Procedure
5.04.200: Transferability

5.04.050: REQUIRED:linklink


A. Any license required by this chapter is a separate and distinct license from all other County licenses, and is in addition to any other license required for conducting or carrying on any other business in connection with or separate from the activities licensed by this chapter.


B. It is unlawful within the County, outside an incorporated city, for any person, social club or association, or persons of any kind whatsoever to sell, serve, give away or distribute or cause or permit to be sold, offered for sale, served, given away or distributed any alcoholic, spirituous, vinous, malt or intoxicating liquor, or any of the alcoholic liquors mentioned in this chapter, without first making application for or securing a license to do so; except that such alcoholic liquors may be served by a private family in its home as a part of its family life or at a private party, and provided further that the provisions of this section shall not apply to the sale or giving away by a regularly licensed druggist of pure alcohol (with or without a physician's prescription) for medicinal, mechanical or scientific uses, nor shall the provisions of this section extend to the physicians, surgeons, apothecaries or chemists as to any alcoholic liquor which they may use in the preparation or compounding of medicines. (Ord. 101 §§ 3, 6, 1983)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296515
5.04.060: CLASSES:linklink

The following classes of licenses may be issued to qualified applicants therefor:


A. Packaged liquor license;


B. Retail liquor license;


C. Wholesale delivery liquor license;


D. Wholesale liquor license;


E. Special club license;


F. Beer, wine only (sold with meals);


G. Special licenses. (Ord. 101 § 6, 1983)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296516
5.04.070: APPLICATION:linklink


A. Before any license is issued by the board authorizing the sale of alcoholic beverages, the applicant therefor shall submit a written application to the License Department on a form provided by the department and shall comply with the following:

1. Be accompanied by the nonrefundable investigation fee provided in this chapter;

2. Be accompanied by the present quarterly license fee;

3. Include the name and address of the applicant, and of any other person having an interest in the business to be licensed. If the applicant is a partnership, the application shall include the names and addresses of all partners and any other person(s) having a financial interest in the business. If the applicant is a corporation, the application shall include the names and addresses of all officers, directors and stockholders having more than twenty five percent (25%) of the issued stock, the designated agent or resident manager, and the principal place of business of the corporation. If it is a corporation whose stock is sold to the general public, the stockholders need not be listed;

4. Include the name, address and telephone number of the individual(s) who will actively manage the business for which the license is sought. At least one such manager must reside within the County;

5. Specify the class or classes of license sought;

6. Specify the location of the premises for which the license is sought, and the name of the owner(s), agents, lessee or assignee of the premises where the business is to be operated;

7. Be signed by all persons who shall conduct or have an interest in the business activities for which a liquor license is required. In the case of corporations, clubs or organizations with members, the application shall be verified by the president or secretary or the person who shall actively manage or conduct the business or activity for which a liquor license is required;

8. Be sworn to as to the truthfulness of the information contained therein.


B. There shall be a minimum processing time of thirty (30) calendar days for any application for a liquor license.


C. The Sheriff, upon provision by the License Department of an application for a liquor license under this chapter, together with all statements of compliance with provisions of this chapter, shall thereafter investigate into the qualifications of the applicant. Upon results of the investigation, the Sheriff shall prepare a summary of whether the applicant meets the criteria for being granted a liquor license and submit to the License Department.


D. In the case of a corporate licensee, any and all changes in the officers, directors or stockholders, or stockholders owning in the aggregate more than twenty five percent (25%) of the stock of such corporation, shall be reported to the License Department within thirty (30) calendar days of the appointment or election of such officers and directors, or acquisition by such stockholder(s), as the case may be, and such officers, directors and stockholder(s) shall be required to qualify for a license as required in this chapter.


E. In the case of a partnership license, the partnership contract must be submitted with the application. Any change in the partners or other persons with a financial interest in the business shall be reported to the License Department within thirty (30) calendar days of the change, and if the change involves the addition of a person not previously investigated, that person shall be required to qualify for a license as required by this chapter. (Ord. 541, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296517
5.04.080: DENIAL CONDITIONS:linklink


A. In conformity with the policies of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter:

1. A person who does not possess, or who does not have a reputation for possessing a good moral character;

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

3. A person who has ever been convicted of a crime involving moral turpitude or any crime involving unlawful possession, use or sale of a controlled substance, sexual abuse or assault, violence, or unlawful possession, use or sale of liquor, or who has been convicted within the past ten (10) years of any other felony, unless the board finds, upon examination of the circumstances of the crime and the applicant's criminal history, that the applicant does not present, and is not likely to present in the future, a threat to County safety, morals and welfare, and will likely operate a lawful liquor establishment in compliance with the letter and intent of all liquor ordinances;

4. A person who the Licensing Board determines is not a suitable person to receive or hold a license, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the County, outside an incorporated city;

5. A person whose license issued under this chapter has been revoked for cause;

6. A person who, at the time of application for renewal of any license issued under this chapter, would not be eligible for such license upon a first application;

7. A copartnership, unless all of the members of such copartnership, and any other person having a financial interest in the business, are qualified to obtain a license;

8. A publicly held corporation, if the designated agent or resident manager would not be eligible to receive a license under this chapter; and a nonpublicly held corporation, if any of its officers would not be eligible to receive a license under this chapter, for any reason other than citizenship and residence or its designated resident manager would not be eligible to receive a license under this chapter;

9. A corporation, unless it is incorporated in the State, or unless it is a foreign corporation which is qualified under the State laws to transact business in the State;

10. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of an individual licensee;

11. A person who does not beneficially own the premises for which a license is sought, or who does not have a lease thereof for the full period for which the license is to be used; or

12. A person who, in the previous year, has failed to comply with any applicable local ordinance, including, but not limited to, a town or city's business license ordinance.


B. No license for the sale of alcoholic liquors shall be granted to an establishment whose business or exclusive business or interest is that of a motel or hotel, or whose building or proposed construction is exclusively intended for a motel or hotel business; provided, however, this section shall not apply to establishments licensed prior to the passage of the ordinance codified in this section, or without applications pending prior to its passage or to establishments otherwise defined in this chapter. (Ord. 176 § 3, 1995: Ord. 101 §§ 2, 38, 1983)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296518
5.04.090: INVESTIGATION; FEES:linklink


A. Each applicant for a liquor license shall pay a nonrefundable investigation fee to the License Department at the time of filing the application.


B. The investigation fee for an individual application shall be five hundred dollars ($500.00), plus extraordinary costs incurred in the course of the investigation by the Sheriff. For copartnerships, the investigation fee shall be five hundred dollars ($500.00) for each person with a financial interest in the business, plus extraordinary costs incurred in the course of the investigation by the Sheriff. For publicly held corporations, the investigation fee shall be five hundred dollars ($500.00) for each designated agent or resident manager, plus extraordinary costs incurred in the course of the investigation by the Sheriff. For nonpublicly held corporations, the investigation fee shall be five hundred dollars ($500.00) for each officer and any designated agent or resident manager, plus extraordinary costs incurred in the course of the investigation by the Sheriff.


C. If an applicant withdraws his application prior to the beginning of an investigation, all fees deposited shall forthwith be returned to the applicant.


D. An applicant who has been previously investigated by the board who has held a County license within one year preceding the present application shall be required to pay half of the aforementioned investigation fee. (Ord. 541, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296519
5.04.100: INVESTIGATION; SHERIFF'S DUTIES:linklink


A. As part of the investigation of an applicant, the Sheriff shall:

1. Inspect, or cause to be inspected, the location of the proposed place of business;

2. Investigate the moral character of the person or persons applying for the license and managers of the proposed business for which a license is sought;

3. Report the results of the investigation to the License Department.


B. The Sheriff shall, as a part of the investigation:

1. Require the applicant or applicants to be fingerprinted and/or photographed;

2. Require the applicant or applicants to answer any and all questions deemed appropriate and necessary to the Sheriff or board, pertaining to such application or the fitness of any persons connected as owners, part owners, officers, managers or assistants of any establishments applying for a liquor license;

3. Require the applicant to furnish a current financial statement and full financial disclosure;

4. Research the applicant's criminal and financial history by accessing available data bases, including NCIC, III, and TRW.


C. The investigation shall be completed in the shortest time possible. However, the Sheriff is required to make a complete investigation and shall be given a reasonable amount of time to verify the information obtained.


D. All information other than criminal history information of a confidential nature supplied under the terms of this chapter shall be maintained by the Sheriff in a confidential file, to be open for inspection only by County officials and County law enforcement officers; provided, however, the applicant shall waive the requirements of this subsection and by such waiver permit interrogation of the applicant at any meeting of the board, concerning matters contained in the application or information obtained in the course of an investigation. (Ord. 541, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296520
5.04.110: INVESTIGATION; REPORT TO BOARD:linklink

Upon completion of the investigation described in section 5.04.100 of this article, the Sheriff shall immediately refer the application to the License Department, together with his findings and all facts upon which the findings are based. The License Department shall then place this item on the next regular or special meeting of the board. (Ord. 541, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296521
5.04.115: INSPECTION BY FIRE MARSHAL:linklink

The applicant shall request an inspection from the Fire Marshal of the State of Nevada. The Fire Marshal's certificate of occupancy or other evidence of the Fire Marshal's approval of occupancy shall be required before licensing under this chapter. This requirement may be waived for special event permit locations not requiring Fire Marshal inspections under Nevada State law. (Ord. 246 § 2, 2001)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296522
5.04.120: INSPECTION BY HEALTH DEPARTMENT:linklink

The Health Department of the State shall investigate the premises the applicant or applicants seek to be licensed. After such inspection, the Health Department shall indicate approval or disapproval of the premises on the application form. If the Health Department disapproves the premises, the reasons and necessary corrections shall be stated. (Ord. 101 § 10, 1983)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296523
5.04.130: BOARD DETERMINATION PROCEDURE:linklink


A. After completion of the investigation by the Sheriff and the inspection by the Health Department of the State, the License Department shall cause the application to be placed upon the agenda for consideration by the board.


B. The applicant or applicants or their agent(s) shall appear before the board at the appointed time.


C. The board may act upon the application or defer action until the next meeting of the board. (Ord. 541, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296524
5.04.140: BOARD DETERMINATION; DENIAL:linklink


A. In conformity with this chapter, the board may deny a license upon its discretion when:

1. In the judgment of the board, the granting of such license may tend to create or constitute a public nuisance;

2. By the granting of such license, a disorderly house or place may be maintained;

3. The granting of such license may seriously and adversely affect the valuation of adjoining and contiguous property;

4. The board is satisfied that the applicant is not a fit and proper person to operate the business contemplated by his application;

5. In the judgment of the board there are ample and sufficient licensees and establishments in the area or place for which the license is to be used to properly serve such area or place;

6. For any other good and sufficient reason.


B. The board may grant a license with probationary status.


C. The board will consider the recommendations and input from the particular town advisory board. (Ord. 101 § 11, 1983)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296525
5.04.150: FEES:linklink


A. The license fees required to be paid to obtain or retain a license to sell liquor shall be as follows:

1. One hundred dollars ($100.00) per quarter year for a packaged liquor license;

2. One hundred dollars ($100.00) per quarter year for a retail liquor license;

3. Two hundred dollars ($200.00) per quarter year for a wholesale delivery liquor license;

4. One hundred dollars ($100.00) per quarter year for a wholesale liquor license;

5. One hundred dollars ($100.00) per quarter year for a special club liquor license;

6. Fifty dollars ($50.00) per quarter year for a beer, wine only (sold with meals) liquor license.


B. The license fees specified in subsection A of this section shall be payable in advance for at least one quarter year. Fractional parts of a quarter year shall require payment of the entire quarterly license fee. Failure to pay the liquor license fee within ten (10) working days of the due date shall result in the mandatory assessment of a late fee of twenty five percent (25%) of the quarterly fee within thirty (30) days of the due date, or shall be grounds for revocation of the license. (Ord. 101 § 12, 1983)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296526
5.04.160: FEES; DISBURSEMENT:linklink

The license fee collected by virtue of this chapter shall be delivered by the License Department to the County Treasurer, and shall be kept by the Treasurer in the General Fund for the sole use and benefit of the County, and shall be paid out by order of and under the direction of the Nye County Board of County Commissioners in the same manner as other General Fund disbursements are made. (Ord. 541, 2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296527
5.04.170: PUBLIC DISPLAY REQUIRED: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. (Ord. 101 § 26, 1983)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296528
5.04.180: NOTICE TO BE POSTED:linklink

Each liquor licensee in the County shall have the following notice posted inside his place of business, in such a manner as to be clearly observable by customers of the licensee:

NOTICE TO ALL CUSTOMERS

THE OWNER OR SALESPERSON OF THIS PREMISES HAS THE RIGHT TO REFUSE TO SELL OR SERVE ALCOHOLIC BEVERAGES TO ANYONE WHO APPEARS TO BE UNDER THE INFLUENCE OF ALCOHOL TO SUCH AN EXTENT THAT HE IS UNABLE TO EXERCISE CARE FOR HIS OWN HEALTH OR SAFETY, OR THE HEALTH OR SAFETY OF OTHERS.

NYE COUNTY LIQUOR BOARD

(Ord. 101 § 27, 1983)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296529
5.04.190: RENEWAL PROCEDURE:linklink


A. Application for renewal of licenses shall be made by petition to the License Department by filing the same with the License Department, together with all fees and with such information as may be required for investigation of suitability of the applicant. Applications for renewal shall be made at least ten (10) calendar days before the end of the calendar quarter in which the license expires.


B. Notwithstanding any other provisions of this chapter, the procedures set forth in this chapter for the application and issuance of liquor licenses shall not apply to the renewal of licenses previously issued to the same applicant. After application for renewal has been submitted to the License Department, the License Department shall cause the reissuance or cancellation of such license renewals in the manner following:

1. At the first meeting of the board of each fiscal year, the License Department shall present a list of applicants for renewal, together with fees collected during the previous fiscal year, and present the recommendations for or against the renewal of each such license over the next fiscal year.

2. Any licensee whose license renewal has been disapproved by the board shall be notified of such in writing, in the manner provided in this chapter. The licensee may avail himself of the procedures set forth in this chapter.

3. Renewal of licenses under this chapter must be for a minimum of one calendar quarter but may be made for no more than four (4) calendar quarters within the current fiscal year.

4. Notwithstanding any other provision of this chapter, no existing license required under this chapter shall lapse or be revoked when renewal is delayed solely due to the notice and agenda requirements of Nevada's Open Meetings Law. (Ord. 541, 2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296530
5.04.200: TRANSFERABILITY:linklink

Liquor licenses shall not be in any manner transferable or assignable, nor shall any person other than as named in the license be authorized to conduct the business. (Ord. 101 § 13, 1983)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=106734#s1296531