Article V. Licenses; Suspension And Revocation linklink
5.04.250: Right To Inspect
5.04.260: Suspension Generally
5.04.270: Emergency Suspension By Board
5.04.280: Emergency Suspension By Sheriff
5.04.290: Revocation; Grounds
5.04.300: Revocation; Procedure
5.04.310: Revocation; Emergency
5.04.320: Revocation; Service
5.04.330: Revocation; Appeal; Hearing
5.04.340: Reinstatement
5.04.350: Subpoenas; Fees

5.04.250: RIGHT TO INSPECT:linklink

All officials involved in the license process shall have access to every part and portion of the establishment for which a license is issued under the provisions of this chapter, any time such establishment is open for the transaction of business and at all other reasonable times. (Ord. 101 § 14, 1983)
5.04.260: SUSPENSION GENERALLY:linklink

Notwithstanding any other provisions of this chapter, every licensee accepts such license subject to the right of suspension without notice, and subject to all the conditions and provisions of this chapter. Upon any revocation of a license, after notice and hearing, the County shall be entitled to retain the license fee paid. (Ord. 101 § 18, 1983)

Notwithstanding any other provision of this chapter, the board may in an emergency issue an order for immediate suspension or limitation of a liquor license. The emergency order shall state the reason for suspension or limitation, and shall afford the licensee a hearing in accordance with the procedures of this chapter. (Ord. 101 § 19, 1983)

A. The Sheriff, for cause and without prior notice, may suspend any liquor license until the next meeting of the board. Written notice of the suspension shall be given by the Sheriff to the licensee and the board, and notice shall be personally given to the person in charge at the location.

B. At its next meeting after such suspension, the board shall determine whether such suspension shall be rescinded, but if the board decides that the suspension shall continue and remain in effect, then, and in such event, the proceedings prescribed in this chapter relative to the maintenance of such license suspension and/or revocation with required notice and hearing shall be initiated as soon as possible and complied with. (Ord. 101 § 20, 1983)
5.04.290: REVOCATION; GROUNDS:linklink

Any of the following conditions or occurrences are grounds for revocation of a license:

A. Failure of the licensee to promptly pay the quarterly fee;

B. Any act or failure to act by the licensee or his agents or employees in connection with the operation of the liquor business which would be a violation of a State or Federal criminal statute or a County criminal ordinance;

C. Any violation of the terms or conditions of a license;

D. Any misrepresentation made in an application for a liquor license;

E. Employment of any person under the age of twenty one (21) years in the business of selling or otherwise disposing of liquor, except a person who has attained the age of sixteen (16) years but not eighteen (18) years may be employed in a retail grocery store for the sale or disposition of liquor if:

1. He is supervised by a person who is eighteen (18) years of age or over, and who is an owner or employee of the business which sells or disposes of the liquor, and

2. Such person eighteen (18) years of age or over who is supervising such person under eighteen (18) is actually present at the time that such person under eighteen (18) sells or disposes of the liquor, and

3. The liquor is in a container or receptacle which is corked or sealed;

F. Any act or failure to act by the licensee or its agents or employees in connection with the operation of the liquor business which creates or tends to create or constitute a public nuisance;

G. Refusing or neglecting to comply with any provisions of this chapter;

H. Selling or giving away liquor to any person under the age of twenty one (21) years;

I. Any act or failure to act by the licensee which the board determines is detrimental to the public health, safety and welfare;

J. Repeated disturbances involving a person or persons in or upon the premises who are drunk or acting in a disorderly way or manner, who are threatening, traducing, quarreling, challenging to fight or fighting, or are using vulgar language in a loud and boisterous manner, or are using loud or tumultuous or offensive conduct;

K. In the event a licensee shall not commence business within sixty (60) days after issuance of a license, or shall discontinue business for a period in excess of sixty (60) days without specific approval of the board. In the event the holder of an active license discontinues operations for reasons beyond his control, then the board may, for good cause shown, grant additional sixty (60) day extensions not to exceed a total period of one year, including the initial sixty (60) day period. In the event a licensee shall discontinue business for longer than the respective specific approval, the license shall be revoked automatically without action by the Board. The intent of this Section is that holders of licenses shall maintain the same in actual operation, or that the same shall be invalid as provided in this Chapter;

L. Allowing any person to serve alcoholic beverages without such person having first obtained a liquor work card as set forth in this Chapter;

M. Failure of the licensee or his or her manager or agent to immediately report to the Nye County Sheriff when that licensee, manager or agent is aware or should be aware that violent or otherwise unlawful conduct perpetrated by or involving a patron or patrons of the licensee's establishment is taking place on the premises of the licensee. For purposes of this subsection, "premises" includes any parking or common area(s) adjacent to the licensee's premises which are under the control of the licensee. (Ord. 186 § 1, 1995: Ord. 101 § 15, 1983)
5.04.300: REVOCATION; PROCEDURE:linklink

A. The Board may, on its own motion or upon the sworn complaint in writing of any person, request the Sheriff to investigate the conduct of any licensee under this Chapter to determine whether grounds for revocation of a license exist. The Sheriff may request the assistance of the licensee in such an investigation.

B. After an investigation, if it appears that a ground for revocation exists, the Board shall issue and cause to be served on the licensee an order to show cause why his/her license should not be revoked. The order shall contain:

1. A statement directing the licensee or licensee's agent to appear before the Board at a time and place set out therein which shall not be less than ten (10) days from the date of service of the order to show cause on the licensee;

2. A brief statement of the grounds for revocation;

3. A statement that the licensee shall have an opportunity to be heard, present witnesses and confront any witnesses against him. (Ord. 101 § 16, 1983)
5.04.310: REVOCATION; EMERGENCY:linklink

If upon investigating grounds for revocation of a license the Board unanimously agrees that the public health, safety or morals will be endangered by the continued existence of the license, it may without notice at once suspend the license, and direct the Sheriff to close the licensee's liquor business. However, an order to show cause, as set out in this Article, shall also be served at once on the licensee, and the procedure thereafter shall be in accordance with the revocation procedure set out in this Article. (Ord. 101 § 17, 1983)
5.04.320: REVOCATION; SERVICE:linklink

Service on the licensee shall be made by personally delivering a copy of the order to show cause to one of the persons whose name is on the license, or by mailing a copy of the order by certified mail with return receipt, to the place of business of the licensee which is specified on the license. (Ord. 101 § 16, 1983)
5.04.330: REVOCATION; APPEAL; HEARING:linklink

A. At the hearing on the order to show cause, the licensee and the complainant, if there is one, may be represented by attorneys, present testimony and cross-examine witnesses. If the hearing is pursuant to a complaint, the complainant must also be present.

B. Within thirty one (31) days after the hearing, the Board must render its decision as to revocation, and give notice thereof to the licensee. A majority of those members present at the hearing must be agreed in order to direct a revocation. (Ord. 101 § 16, 1983)
5.04.340: REINSTATEMENT:linklink

Any person who has had his/her license revoked may reapply for a license six (6) months after the revocation order, but a new license may only be issued by a majority decision of the members of the Board. (Ord. 101 § 16, 1983)
5.04.350: SUBPOENAS; FEES:linklink

At any time prior to a hearing, or during a hearing before the Licensing Board, the Licensing Board shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena other than parties, officers or employees of the State or any of its political subdivisions shall receive fees and mileage in the same amounts and under the same circumstances as provided by State law for witnesses in civil actions in the District Court. Such fees shall be paid by the party at whose request the witness is subpoenaed. (Ord. 101 § 37, 1983)