1.

Before obtaining a business license from Carson City, every license applicant who seeks a business license for a business, profession, or occupation set forth in subsection 2. must submit to a national background check. To conduct a national background check, the Office of the Carson City Sheriff may require a license applicant to submit a complete set of his or her fingerprints pursuant to NRS 239B.010. Any such set of fingerprints provided to the Office of the Carson City Sheriff must be forwarded to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report based on the submission of those fingerprints. The Office of the Carson City Sheriff may request and receive information from the Federal Bureau of Investigation information on the background and personal history of the license applicant only after the complete set of fingerprints of the license applicant has been submitted to the Federal Bureau of Investigation by the Central Repository for Nevada Records of Criminal History in accordance with this subsection.

2.

Applicants for licensure, registration or a permit for the following businesses, professions, occupations, or business activities are subject to the national background check specified in subsection 1.:

(a)

Applicants seeking an alcoholic beverage license;

(b)

Applicants seeking a pawnbroker's license or pawnshop license;

(c)

Applicants seeking registration as a seller pursuant to NRS Chapter 599B (Solicitation by Telephone), if the Carson City Sheriff requires investigation of such applicants pursuant to subsection 4. of NRS 599B.115.

(d)

Applicants seeking a locksmith or safe mechanic license; and

(e)

Applicants seeking a work card as a senior-living employee, as that term is defined in CCMC Section 8.28.010, if such a work card is required by NRS 118A.335.

(Ord. No. 2008-28, § III, 7-17-2008; Ord. No. 2011-8, § I, 9-1-2011; Ord. No. 2018-19, § I, 12-6-2018)

This business license ordinance is intended to accomplish three (3) objectives: Provide a basis to regulate entities which do business in Carson City; collect fees sufficient to cover the cost off any impact of any such business upon Carson City; and collect additional revenue for the operation of the Carson City government. Within these objectives this chapter should: stress equitable treatment of all business entities doing business in Carson City; codify and give examples of treatment to reduce the likelihood of any arbitrary treatment; and strive for simplicity and clarification.

(Ord. 1997-64 § 2, 1997).

As used in this title, unless the context requires otherwise, the words and terms defined in this section have the meanings ascribed to them as follows:

1.

"Advertise" means to call attention to a product, service or business so as to promote sales. Business cards used as identification and invoices are not to be considered advertising.

2.

"Billboards and off-premise signs" means all businesses that own billboards or off-premise signs (as defined in CCMC Title 18) for advertisement.

3.

"Block party" means an event in a residential neighborhood intended primarily for residents only, may not be advertised outside of the affected area, and that may involve a street closure.

4.

"Board" means the Board of Supervisors of Carson City.

5.

"Business" or "doing business" means, except as provided herein, all professions, trades, occupations and callings carried on for profit, and in addition includes labor unions, labor organizations and trade unions; however, "business" does not include the rental of three (3) or less residential units.

6.

"Commercial rentals" means any leased nonresidential office unit or units.

7.

"Contract office business" means a person doing business in Carson City without employees in Carson City by using the services of a shared resident office staff in Carson City.

8.

"Contractor" means a person required by the State of Nevada Contractors Board to have a license as a contractor, whether the person is a general or subcontractor.

9.

"Event organizer" means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event or block party with or without compensation.

10.

"Garage sale" means the occasional and casual sale of personal property open to the public and held on the seller's own residential premises and includes a "lawn sale," "yard sale," "attic sale," "rummage sale" and other similar sales.

11.

"Hobby-Supplemental income business" means any activity conducted as a hobby, or to supplement one's income, if the gross income derived from such activity does not exceed three thousand five hundred dollars ($3,500.00) per year.

12.

"Home occupation business" means a person, excluding contractors conducting business out of a residence and whose business complies with the home occupation regulations of Title 18 of the CCMC.

13.

"Independent contractor" means a person who contracts to do a piece of work according to his or her own methods and is subject to an employer's control only as to the final result of the work. Examples are, but not limited to: all real estate agents, insurance agents, stockbrokers, hairdressers, and shoe shiners. Employees of licensees are not independent contractors for the purposes of this chapter.

14.

"Marijuana" has the meaning ascribed to it in subsection 8 of NRS 453D.030 and means all parts of any plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

a.

The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems except the resin extracted therefrom, fiber, oil or cake, the sterilized seed of the plant which is incapable of germination; or

b.

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

15.

"Marijuana cultivation facility" has the meaning ascribed to it in subsection 9 of NRS 453D.030 and means an entity licensed to cultivate, process and package marijuana, to have marijuana tested by a marijuana testing facility and to sell marijuana to a retail marijuana store, to a marijuana product manufacturing facility and to other marijuana cultivation facilities, but not to consumers.

16.

"Marijuana distributor" has the meaning ascribed to it in subsection 10 of NRS 453D.030 and means an entity licensed to transport marijuana from a marijuana establishment to another marijuana establishment.

17.

"Marijuana establishment" has the meaning ascribed to it in subsection 11 of NRS 453.030D and means a marijuana cultivation facility, marijuana testing facility, marijuana product manufacturing facility, marijuana distributor or retail marijuana store.

18.

"Marijuana product manufacturing facility" has the meaning ascribed to it subsection 12 of NRS 453D.030 and means an entity licensed to purchase marijuana, manufacture, process and package marijuana and marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

19.

"Marijuana products" has the meaning ascribed to it in subsection 13 of NRS 453D.030 and means products comprised of marijuana or concentrated marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

20.

"Marijuana retail store" or "retail marijuana store" has the meaning ascribed to "retail marijuana store" in subsection 18 of NRS 453D.030 and means an entity licensed to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities and retail marijuana stores, and to sell marijuana and marijuana products to consumers.

21.

"Marijuana testing facility" has the meaning ascribed to it in subsection 15 of NRS 453D.030 and means an entity licensed to test marijuana and marijuana products, including for potency and contaminants.

22.

"Medical marijuana cultivation facility" has the meaning ascribed to the term "cultivation facility" in NRS 453A.056 and means a business that:

(a)

Is registered with the Department of Taxation pursuant to NRS 453A.322; and

(b)

Acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells marijuana and related supplies to:

(i)

Medical marijuana dispensaries;

(ii)

Facilities for the production of edible marijuana products or marijuana-infused products as that term is defined in NRS 443A.105; or

(iii)

Other cultivation facilities as that term is defined in NRS 453A.056.

23.

"Medical marijuana dispensary" has the meaning ascribed to it in NRS 453A.115 and means a business that:

(a)

Is registered with the Department of Taxation pursuant to NRS 453A.322; and

(b)

Acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card as that term is defined in NRS 453A.140.

24.

"Medical marijuana establishment" means:

(a)

A medical marijuana testing facility;

(b)

A medical marijuana cultivation facility;

(c)

A medical marijuana dispensary; or

(d)

A medical marijuana product manufacturing facility.

25.

"Medical marijuana product manufacturing facility" has the meaning ascribed to the term "facility for the production of edible marijuana products or marijuana-infused products" in NRS 453A.105 and means a business that:

(a)

Is registered with the Department of Taxation pursuant to NRS 453A.322; and

(b)

Acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells edible marijuana products or marijuana-infused products to medical marijuana dispensaries.

26.

"Medical marijuana testing laboratory" has the meaning ascribed to the term "independent testing laboratory" in NRS 453A.107.

27.

"Out-of-town business" means a person, excluding a contractor, conducting business in Carson City without a physical address in Carson City.

28.

"Person" means a corporation, association, syndicate, partnership, club, trust, independent contractor or natural person but does not include employees of businesses licensed under this chapter unless an employee is an owner of the business.

29.

"Premises" means actual space of a particular business which would include surrounding sidewalks and designated parking.

30.

"Professional" means one whose practice of a profession requires advanced education and a license from a state licensing agency, board, commission or court.

31.

"Nonprofit organization" means all institutions, corporations, organizations or associations that are for charitable, eleemosynary or civic purposes and whose donations or receipts received are not used for the private gain of any person.

32.

"Short-term" means conducting business in Carson City for a period of 60 days or less.

33.

"Special event" means any indoor or outdoor activity taking place on private or public property for a period up to five consecutive days which is open to the public whether or not a fee is charged for admission, entrance, or other participation and is not the primary licensed nature of the business and/or includes vendors. This term includes but is not limited to:

(a)

Events which require the closure of one or more streets, right-of-ways, or portions thereof.

(b)

Events involving entertainment, food, liquor, beverage, or merchandise for sale.

(c)

Activities promoted as a festival, trade show, craft show, car show, motorcycle rally, concert, or parade.

(d)

Any organized event conducted by a person(s) for a common or collective use/purpose or benefit which reasonably requires the provision of city public safety services in response thereto or in support thereof.

34.

"Vending businesses" means all businesses that provide coin operated machines or honor trays to the public or to another business.

(Ord. 1997-64 § 3, 1997: Ord. 1983-7 § 1, 1983).

(Ord. No. 2011-9, § II, 9-1-2011; Ord. No. 2014-14, § I, 10-16-2014; Ord. No. 2017-22, § I, 10-5-17)

1.

It is unlawful for any person to engage in or carry on any trade, profession, calling or business in whole or in part within Carson City, or to advertise that person is conducting or carrying on any business specified herein, without first applying for, obtaining and maintaining a license as set forth in this chapter.

2.

Violation of this section shall be punishable as prescribed in Section 1.08.010 of this code.

(Ord. 1983-7 § 2, 1983: Amended by Ord. 1977-1 § 1(a), 1977).

1.

Two (2) or fewer garage sales in any calendar year are permitted so long as each garage sales does not exceed three (3) days in duration.

2.

No license is required for a person whose business is located or licensed outside Carson City and who is appearing before or conducting business directly with an agency, branch, department, board or commission of the state of Nevada in Carson City for work performed outside Carson City. This exemption applies to the following, without limitation thereto: attorneys practicing before the Supreme Court, paid and registered lobbyists present for a legislative session, and a contractor performing work outside Carson City who consults with a state agency in Carson City.

3.

No license is required for a person who owns a commercial rental if the commercial rental is managed by a person who holds a Carson City business license as a property manager.

4.

No license is required for a person who places their own personal items at a licensed pawn or consignment shop on a casual basis.

5.

No license is required for an entertainment group or individual hired by a licensed establishment.

6.

No license is required for a business located outside of Carson City that is hired by a licensed business or government agency for seminars or training of their employees.

(Ord. 2001-19 § 2, 2001; Ord. 1999-22 (part), 1999: Ord. 1997-64 § 4, 1997: Ord. 1983-7 § 3, 1983).

(Ord. No. 2011-9, § III, 9-1-2011)

A separate license is required for each branch of an establishment or location of a business. A business consisting of multiple buildings adjacent to each other is considered one (1) location if under one (1) business name and management. Each license authorizes the licensee to transact and carry on all business listed at the location in the manner designated on such license; provided, that warehouses, distributing plants, maintenance facilities or commercial rentals used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided further, that warehouses and distributing plants engaged in retail or wholesale sales shall be deemed separate businesses and shall require separate licenses as provided in this chapter. A residential rental business having rentals at different locations need only have one license listing all rental locations.

(Ord. 1997-64 § 5, 1997: Ord. 1983-7 § 4, 1983).

A.

Any license fee shall constitute a lien upon the real and personal property of the business for which the fee was levied and upon the real property upon which the business is conducted until the fee is paid. For the purposes of this section, any general or subcontractor performing work in Carson City for which a license is required shall be deemed to be conducting his business at the premises where he is performing such work.

B.

The lien shall be enforced in the following manner:

1.

By recording in the office of the city recorder, within 90 days following the date on which such fee became delinquent, a notice of the lien containing the following:

a.

The amount due;

b.

The name of the record owner of the property;

c.

A description of the property sufficient for identification;

d.

A verification by the oath of the chief license officer of Carson City; and

2.

By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the lien, and accompanied by appropriate notice to other lienholders.

(Ord. 1983-7 § 5, 1983).

Editor's note— Ord. No. 2011-9, § IV, adopted September 1, 2011, repealed § 4.04.014, which pertained to off-premises sales. See also the Code Comparative Table and Disposition Table.

Editor's note— Ord. No. 2010-14, §§ I, II, adopted November 16, 2010, repealed § 4.04.015, which pertained to annual fee increase. See also the Code Comparative Table and Disposition List.

1.

A person may apply for a business license pursuant to CCMC 4.04.010 by submitting to the Business License Division an application on a form and in the manner prescribed by the Business License Division.

2.

A person who applies for a new business license pursuant to subsection 1 must pay a nonrefundable application fee of $25.00, due and payable at the time the application is submitted.

3.

Except as otherwise provided in this title, a business license fee must be paid by the holder of a business license issued under this Title in the amounts set forth below for the particular category of business, as applicable:

4.

Except as otherwise provided in this title, the holder of a business license issued under this title must pay the following additional fees in the amounts set forth below, as applicable:

5.

In addition to any other fee required by this title, the holder of a business license issued under this title must pay an additional fee of $2.15 per year per room, as defined in CCMC 4.08.070, or unit, as applicable, that is leased or rented as:

(a)

An apartment.

(b)

A storage unit.

(c)

A recreational vehicle park.

(d)

A motels or hotel.

(e)

A trailer park.

(f)

A promotional businesses.

(g)

A rental business as defined in CCMC 4.08.070.

6.

A business license fee is not required to be paid by an institution, corporation, organization or association that is organized for a charitable, eleemosynary or civic purpose if the institution, corporation, organization or association does not expend or otherwise use any portion of its receipts for the private benefit or gain of any individual other than for the payment of wages, salaries and benefits of employees. Such an institution, corporation, organization or association is also eligible to pay a discounted rate of $21.70 per day, in addition to $2.15 per vendor per day, for special events.

7.

A person who holds a special event that is intended to continue for an extended duration must pay a fee of $319.14 per four (4) month period for the special event.

8.

A person who holds a special event within a permanent structure on the premises for which he or she holds a business license may, in lieu of the fee set forth in subsection 3., pay a fee of $2.15 per day per vendor for the special event.

9.

The business license fee required by this section for a medical marijuana establishment or marijuana establishment is due and payable not later than thirty (30) days after the last day of each calendar quarter. For the purposes of verifying the gross revenue of a medical marijuana establishment or marijuana establishment pursuant to this subsection:

(a)

The holder of the business license shall, concurrently with remittance of the required quarterly fee, provide to the Business License Division written proof of such revenue that is acceptable to the Business License Division;

(b)

The holder of the business license shall provide to the Business License Division a complete and accurate copy of any written documentation relating to verification of revenue for purposes of state taxation that is required to be provided to any state agency; and

(c)

The Business License Division shall, at such time and frequency the Business License Division deems most efficient, review the information submitted pursuant to paragraphs (a) and (b) to reconcile any underpayment or overpayment of a quarterly fee and issue a charge or credit as appropriate.

(Ord. 1999-2 (part), 1999: Ord. 1997-64 § 8, 1997: Ord. 1994-54 § 1, 1994: Ord. 1994-24 § 1, 1994: Ord. 1993-47 §§ 1 (part), 3, 1993: Ord. 1990-32 § 1, 1990: Ord. 1989-41 § 1, 1989: Ord. 1984-32 § 1, 1984: Ord. 1983-24 § 2, 1983: Ord. 1983-7 § 6, 1983).

(Ord. No. 2011-9, § V, 9-1-2011; Ord. No. 2014-14, § II, 10-16-2014; Ord. No. 2017-22, § II, 10-5-2017)

1.

Except as otherwise provided in this section, the holder of a business license issued under this Title must pay a square footage fee. The square footage fee required by this section is in addition to any other fee that is required by this Title and is based on the total square footage of the area of the building in which the business is located as set forth below:

2.

The fees described in subsection 1. do not apply to:

(a)

A contract office business.

(b)

A home occupation business.

(c)

A hobby-supplemental income business.

(d)

A short-term business.

(e)

A special event.

(f)

An independent contractor.

(g)

An out-of-town business.

(h)

A contractor, unless the contractor occupies a commercial location that is greater than 1999 square feet.

(i)

A medical marijuana establishment.

(j)

A marijuana establishment.

(Ord. 1997-64 § 9, 1997: Ord. 1993-47 §§ 1 (part), 4, 1993: Ord. 1990-32 § 2, 1990: Ord. 1989-41 § 2, 1989: Ord. 1983-7 § 8, 1983).

(Ord. No. 2011-9, § VI, 9-1-2011; Ord. No. 2014-14, § III, 10-16-2014; Ord. No. 2017-22, § III, 10-5-2017)

1.

Except as otherwise provided in this section, the holder of a business license issued under this Title must pay an additional fee based on the average number of full time equivalent employees, including the holder, reasonably anticipated to be employed during the period of time for which the business license is issued as set forth below:

2.

For purposes of subsection 1., an employee does not include a seasonal construction worker.

3.

The fees described in subsection 1. do not apply to:

(a)

A contract office business.

(b)

A home occupation business that does not have an employee.

(c)

A hobby-supplemental income business.

(d)

A short-term business.

(e)

A special event.

(f)

An independent contractor.

(g)

An out-of-town business.

(h)

A medical marijuana establishment.

(i)

A marijuana establishment.

(Ord. 1999-22 (part), 1999: Ord. 1997-64 § 10, 1997: Ord. 1993-47 §§ 1 (part), 5, 1993: Ord. 1989-41 § 3, 1989: Ord. 1983-24 § 1, 1983: Ord. 1983-7 § 9, 1983).

(Ord. No. 2011-9, § VII, 9-1-2011; Ord. No. 2014-14, § IV, 10-16-2014; Ord. No. 2017-22, § IV, 10-5-2017)

The Business License Division shall classify businesses not specifically defined into the class which most reasonably corresponds to the operation of the applicant or business.

(Ord. 2007-8 § 2, 2007: Ord. 1997-64 § 12, 1997: Amended by Ord. 1993-47 §§ 1 (part), 7, 1993).

(Ord. No. 2011-9, § VIII, 9-1-2011)

1.

A business license fee, other than a business license fee for a medical marijuana establishment or a marijuana establishment, that is required to be paid annually under this title is delinquent if it is not paid on or before January 15 of each year the fee is due. A person who does not pay a required fee on or before the date required by this subsection or any other provision of this title will be assessed a late penalty in the amount of 25 percent of the amount of the fee due.

2.

In addition to any other right or authority granted by the provisions of CCMC, the Business License Division may administratively revoke the business license of any person whose business license fee is delinquent. The Business License Division shall revoke the business license of a person whose business license fee is delinquent by 4 weeks or more. A revocation of license under this section may be appealed to the board by the submission of a written appeal to the Business License Division not more than 15 days after the date of the revocation. If an appeal is submitted within the time provided by this subsection, the Business License Division shall fix a day and time for the appeal to be heard at a public meeting of the board not more than 30 days after the date on which the appeal was submitted.

(Ord. 2007-8 § 3, 2007: Ord. 1999-22 (part), 1999: Ord. 1997-64 § 13, 1997).

(Ord. No. 2011-9, § IX, 9-1-2011; Ord. No. 2017-22, § V, 10-5-2017)

1.

A business license may be renewed without the filing of an update form if all the information stated on the license at the time of the filing of the application remains unchanged.

2.

Prior to the expiration of the license, the Business License Division shall notify all holders of a business license of the date upon which business license fees become due and the amount due for the next license period.

3.

In order to obtain a new license a person whose license has been revoked, and who continues in business after the revocation, shall file an update form if the previous information has changed and pay any existing delinquency and penalty, plus a $25.00 reinstatement fee.

(Ord. 2007-8 § 4, 2007: Ord. 1997-64 § 15, 1997).

(Ord. No. 2011-9, § X, 9-1-2011)

1.

A person seeking to do business in Carson City for a period of 60 consecutive days or less must apply for and obtain a short-term business license.

2.

Application for a short-term business license must be made in writing on the form provided by the Carson City Business License Division prior to the period for which the license is being requested.

3.

The city's Business License Division shall make available the application information to the appropriate city departments, including the Fire department, Planning Department, Health Department, and Environmental Control for approval or disapproval. Said departments may impose reasonable conditions upon the approval of a short-term business license to provide for the health, safety and welfare of the public.

4.

Any decision on the denial of a short-term business license may be appealed in accordance with the procedures set forth in this chapter.

(Ord. 2007-8 § 5, 2007: Ord. 1997-64 § 16, 1997: Ord. 1993-47 §§ 1 (part), 9, 1993: Ord. 1989-17 § 1, 1989).

(Ord. No. 2011-9, § XI, 9-1-2011)

1.

Any event organizer conducting a special event must obtain a special event permit under this section. Under said permit the event organizer is responsible for submitting the Special Event application packet, this package includes, but is not limited to:

a.

The application made to the Business License Division by affidavit on forms supplied by the Business License Division that will include the following information:

1.

Business or organization name and phone number;

2.

Event organizer's name and phone number;

3.

Business and mailing address;

4.

The address of the place where the proposed event is to be conducted;

5.

The date(s) and hour(s) during which the event will be conducted;

6.

An estimate of the number of customers, spectators, participants, and other persons expected to attend the event for each day it is conducted;

7.

A complete description of the proposed event; and

8.

Verification of notice to all residents/tenants affected by the street closure.

b.

List of vendors selling, dispensing, or serving food, liquor, selling products.

c.

A detailed layout of the special event and explanation of the event organizer's plan to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking spaces, vehicle access and on-site traffic control. The event organizer's plan shall also include what provisions shall be made for numbers of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. The detailed layout will show the arrangement of the facilities including those for parking and egress/ingress. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance and other emergency vehicles to transport patients or staff to appropriate on and off-site treatment facilities.

d.

If the special event will be in any portion of Carson City's rights-of-way or on the sidewalk, the application must be accompanied by evidence of General Liability insurance coverage in the amount of $1,000,000.00 per occurrence stating the specific special event date and naming the City of Carson City and its officers, employees and agents as additional insured.

2.

Application for a special event permit must be made in writing on a form provided by the Carson City Business License Division at least 30 working days prior to the date of the event to allow for proper processing time of the application.

3.

Upon submission to the Carson City Business License Division, the special event may be approved, conditionally approved or denied as set forth above in this chapter. Any appeal shall be in accordance with this chapter.

4.

Conditions and requirements may be imposed for the protection of health, safety, and property of local residents and persons attending special events in Carson City.

5.

A special event permit may be denied for the following reasons:

a.

The event organizer fails to meet conditions imposed upon the current permit or failed to meet the conditions imposed upon a prior special event permit.

b.

The special event will be conducted at a location or in a manner not meeting the health, planning, fire, or building standards established by the Carson City Municipal Code or the laws of the State of Nevada.

c.

The event organizer or the agent for the event organizer knowingly makes a false, misleading, or fraudulent statement of material fact in the application for a special event permit.

d.

The event organizer fails to timely pay any current special event fees or Carson City cost and expenses reimbursement claim or fails to timely pay any previously permitted special event fees or cost and expenses reimbursement claim by Carson City.

6.

The applicant(s) shall assume and reimburse Carson City for any and all costs and expenses determined by Carson City to be unusual or extraordinary and related to the special event for which the permit is sought, including but not limited to:

a.

The cost of providing, erecting, and moving barricades and/or signs;

b.

The cost of providing and moving garbage or waste receptacles;

c.

The cost of Carson City personnel who are required by Carson City to work overtime hours;

d.

The recovery of police officer costs for responding to large events when a police officer at the scene determines that there is a threat to the public peace, health, safety, or general welfare of the public. The police utilized during a response to control the threat to the public peace, health, safety, or general welfare of the public shall be deemed to be on special assignment over and above the services normally provided. The costs of such special assignment may include damages to Carson City property and/or injuries to Carson City personnel; and

e.

The necessity of cost recovery associated with providing fire or emergency medical protection for an event to protect the public health, safety, and welfare will be determined by the Fire Department.

7.

All Carson City accounts including gaming licenses, liquor licenses, and business licenses must be in good standing in order to apply for and be issued a special event permit.

(Ord. 2007-8 § 6, 2007: Ord. 1997-64 § 17, 1997: Ord. 1994-31 § 1, 1994: 1994-26 § 1, 1994: Ord. 1989-18 § 1, 1989).

(Ord. No. 2011-9, § XII, 9-1-2011)

A person conducting or planning to conduct a business for which a federal or state, license or permit is required, shall produce or exhibit the same or affirm to the Business License Division that the state license has or will be issued and has complied with applicable state laws and regulation affecting the business before any Carson City business license hereunder shall be issued.

(Ord. 2007-8 § 7, 2007: Ord. 1997-64 § 19, 1997: Amended by Ord. 1993-47 §§ 1 (part), 10, 1993).

(Ord. No. 2011-9, § XIII, 9-1-2011)

1.

Telecommunications Service.

a.

Every business entity providing telecommunications service within the consolidated municipality of Carson City must obtain and pay for an annual business license. The fee for such license is payable not later than 30 calendar days after the end of each calendar quarter and shall be 5 percent of the total gross receipts commencing October 1, 1998

b.

"Total gross receipts" means: (1) All revenue received by a public utility from customers located within the consolidated municipality of Carson City for all intrastate telecommunications services. (2) In the case of a public utility that provides "commercial mobile radio service" as defined in Part 20 of Title 47 of the Code of Federal Regulations, revenue received from the first $15.00 charged monthly for each line of access for each of its customers located within the city.

c.

"Public utility" will be defined as defined the Nevada Revised Statute 704.020 of the Nevada Revised Statues.

d.

A license fee not received or postmarked within 30 calendar days after the end of each calendar quarter shall be delinquent and the licensee shall pay, in addition to the license fee, a penalty of 1 percent of the delinquent amount per month and interest of 1 percent of the delinquent amount per month.

e.

Each telecommunications provider which derives or intends to derive intrastate revenue from customers located within the city shall, not later than 60 calendar days after the effective date of the ordinance codified in this section or 30 calendar days before the company begins to provide intrastate telecommunications service to those customers, whichever occurs later, provide to the city: (1) An acknowledgment that the company is operating or intends to operate within the city; and (2) The date that the company began or intends to begin to derive revenue from customers located within the city.

f.

Each company that is subject to this section shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city a statement of the amount of revenue the telecommunications company derived during that calendar quarter from the sale of all intrastate telecommunication services to each of its customers located within the city.

g.

Companies with fees due in an amount less that $50.00 per quarter may, in writing, request special permission to submit revenue reports and payments on an annual basis coinciding with the city's fiscal year which ends on June 30th of each year. Section 4.04.107(d) does not apply to companies paying on an annual basis.

h.

Annual payments for license fees not received or postmarked within 30 calendar days after June 30th of each fiscal year shall be delinquent and the licensee shall pay, in addition to the license fee, a penalty of 1 percent of the delinquent amount per month and interest of 1 percent of the delinquent amount per month.

2.

Natural Gas Service.

a.

Every business entity providing natural gas service within the consolidated municipality of Carson City must obtain and pay for an annual business license. The fee for such license is payable not later than 30 calendar days after the end of each calendar quarter and shall be 5.0 percent of the total gross receipts.

b.

"Total gross receipts" means revenue received from customers located within the consolidated municipality of Carson City for natural gas services. Revenue includes proceeds from the sale of natural gas to retail customers located within Carson City but does not include any proceeds from the sale of natural gas to a provider of electric energy which holds a certificate of public convenience and necessity issued by the Public Service Commission of Nevada.

c.

A license fee not received or postmarked within 30 calendar days after the end of each quarter shall be delinquent and the licensee shall pay, in addition to the license fee, a penalty of 1 percent of the delinquent fee amount per month and interest of 1 percent of the delinquent amount per month.

d.

Each natural gas provider which derives or intends to derive revenue from customers located within the city shall, not later than 60 calendar days before the company begins to provide natural gas service to those customers, whichever occurs later, provide to the city: (1) An acknowledgment that the company is operation or intends to operate within the city; and (2) The date that the company began or intends to begin to derive revenue from customers located within the city.

e.

Each company that is subject to this section shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city a statement of the amount of revenue the natural gas company derived during that calendar quarter from the sale of natural gas services to each of its customers located within the city.

f.

This section does not alter the terms of any existing franchise agreement between the city and any company providing natural gas services within the boundaries of the consolidated municipality of Carson City.

3.

Electric Service

a.

Every business entity providing electric service within the consolidated municipality of Carson City must obtain and pay for an annual business license. The fee for such license is payable not later than 30 calendar days after the end of each calendar quarter and shall be 5.0 percent of the total gross receipts.

b.

"Total gross receipts" means revenue received from customers located within the consolidated municipality of Carson City for electric services.

c.

A license fee not received or postmarked within 30 calendar days after the end of each quarter shall be delinquent and the licensee shall pay, in addition to the license fee, a penalty of 1 percent of the delinquent fee amount per month and interest of 1 percent of the delinquent amount per month.

d.

Each electric energy provider which derives or intends to derive revenue from customers located within the city shall, not later than 60 calendar days before the company begins to provide electrical energy service to those customers, whichever occurs later, provide to the city: (1) An acknowledgment that the company is operation or intends to operate within the city; and (2) The date that the company began or intends to begin to derive revenue from customers located within the city.

e.

Each company that is subject to this section shall, not later than 30 calendar days after the end of each calendar quarter, provide to the city a statement of the amount of revenue the electric energy company derived during that calendar quarter from the sale of electric energy services to each of its customers located within the city.

f.

This section does not alter the terms of any existing franchise agreement between the city and any company providing electric energy services within the boundaries of the consolidated municipality of Carson City.

4.

Pursuant to NRS 354.59887, the fees imposed upon the business entity may be collected from a governmental entity of the state if that entity is a customer of the business entity.

(Ord. 2007-18 § 2, 2007: Ord. 2003-18 § 2, 2003: Ord. 2003-17 § 2, 2003: Ord. 2002-34 § 2, 2002: Ord. 2000-32 § 2, 2000: Ord. 1998-21 § 1, 1998: Ord. 1997-64 § 22, 1997: Ord. 1995-63 § 2, 1995).

(Ord. No. 2011-14, § 1, 9-1-2011; Ord. No. 2013-21, § 1, 8-15-2013)

1.

An application for a business license under this chapter shall be made by affidavit on forms supplied by the Business License Division.

2.

Each application shall be filed with the Business License Division and include the following:

a.

The full name of the applicant;

b.

The name of the business;

c.

The phone number, street address and mailing address of the business;

d.

If the business is a partnership, the full name of each partner;

e.

If the business is a corporation, the name(s) and address(es) of its principal officer(s);

f.

Sufficient information to determine the nature of the business;

g.

The month the business will commence;

h.

Sufficient information for the calculation of fees as provided in this chapter;

i.

The nonrefundable application fee; and

j.

All nonrefundable fees, as required by this chapter.

3.

The Business License Division shall distribute copies of each application to the appropriate city departments for approval, conditional approval or disapproval. Said departments may impose reasonable conditions upon the approval as authorized by law. If an application is disapproved by any department, specific reasons for such disapproval shall be provided to the applicant in writing.

(Ord. 2007-8 § 8, 2007: Ord. 1999-22 (part), 1999: Ord. 1997-64 § 23, 1997: Ord. 1993-47 §§ 1 (part), 13, 1993: Ord. 1984-35 § 2, 1984: Ord. 1977 § 1(b), 1977).

(Ord. No. 2011-9, § XIV, 9-1-2011)

1.

Because the use, cultivation, distribution, production, possession and transportation of marijuana remains unlawful under federal law and regulations, and because marijuana remains classified as a Class I controlled substance by both state and federal law, any person who owns, operates, is employed by or is otherwise involved in a medical marijuana establishment or marijuana establishment may be prosecuted under the Federal Controlled Substance Act and related federal law and regulations regardless of whether the medical marijuana establishment or marijuana establishment is in compliance with state law or the provisions of this title. This section is intended to implement the provisions of NRS Chapters 453A and 453D, and to establish criteria for the issuance of licenses that are a prerequisite to exemption from state prosecution as provided for in NRS Chapters 453A and 453D. A business license issued pursuant to this Title does not establish any defense or immunity for any person from potential criminal liability under federal law or regulation for the cultivation, distribution, production, possession or transportation of marijuana. Carson City does not have the authority, and nothing in this title shall be construed as any authority of Carson City, to authorize, promote, condone, facilitate or assist in the cultivation, distribution, production, possession or transportation of marijuana in violation of any provision of federal law or regulation.

2.

By voluntarily applying for and accepting a business license issued in accordance with this title to operate a medical marijuana establishment or marijuana establishment, the holder of the business license and any other owners, managers, agents, employees, affiliates, heirs and assigns of the medical marijuana establishment or marijuana establishment for which the license is issued:

a.

Waive and release Carson City, its officers, elected officials, employees, attorneys and agents from any liability from injuries, damages or any other liability of any kind that results from any arrest, prosecution or regulations.

b.

Jointly and severally agree to indemnify, defend and hold harmless Carson City and any of its elected or appointed officers, agents, employees or attorneys from any and all claims, demands, actions, damages, decrees, judgments, attorney fees, costs and expenses which may be asserted against Carson City, or such elected or appointed officers, agents, employees or attorneys arising out of or in any manner connected with the medical marijuana establishment or marijuana establishment that is the subject of a license issued under this title, including, without limitation, any injury, loss or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss or any other loss of any kind whatsoever arising therefrom. This duty to defend and indemnify Carson City hereunder shall apply regardless of any fault of Carson City in the issuance of a license. The duty to defend Carson City is absolute and shall arise as soon as any demand or claim is asserted against Carson City and is not conditioned upon a finding of any fault of the holder of the license. Carson City is entitled to select the attorney to defend against the claims and the holder of the license shall immediately pay all fees and costs charged by the attorney selected by Carson City.

3.

Except as otherwise provided in this subsection, a separate application and business license is required for each medical marijuana establishment. The issuance of a single business license is allowed for a marijuana establishment to be jointly located within the same premises of an existing medical marijuana establishment if the marijuana establishment is intended to operate in the same type of activity as the medical marijuana establishment.

4.

The license requirements set forth in this section shall be in addition to, and not in lieu of, the requirements set forth in CCMC 4.04.110 and any other requirements by any other law, regulation or provision of CCMC not otherwise specifically addressed in this chapter. Each application for a business license to operate as a medical marijuana establishment or marijuana establishment must include:

a.

A complete and accurate copy of the application and all accompanying documents filed with the applicable state agency pursuant to NRS Chapter 453A.322 or NRS Chapter 453D.

b.

A complete and accurate copy of any required approval issued by the applicable state agency to operate as a medical marijuana establishment or marijuana establishment.

c.

A complete and accurate copy of the notice of decision for the special use permit, along with any and all conditions of approval, issued by the planning division of the community development department pursuant to this title for the operation of a medical marijuana establishment or marijuana establishment, which must also include a letter identifying each condition of approval with a corresponding response addressing how each condition has been satisfied.

d.

A completed, signed and notarized acknowledgment statement from the holder of the business license and the owner of the real property in which the medical marijuana establishment or marijuana establishment will be located, attesting that the holder of the license and the owner of the real property is aware of, has read and understands the applicable federal laws and regulations and any guidance or directives issued by the U.S. Department of Justice, the laws of the State of Nevada and the laws and regulations of Carson City concerning the operation of a medical marijuana establishment or a marijuana establishment. The statement required by this section must also acknowledge that any violation of any laws of the State of Nevada or of Carson City, or any activity in violation of any guidance or directives issued by the U.S. Department of Justice, in such place of business, or in connection therewith, or the commencement of any legal proceeding relating to such establishment by federal authorities, may render the special use permit and business license subject to immediate suspension or revocation.

e.

A completed, signed and notarized acknowledgment statement from the holder of the business license and any other owners, managers, agents and employees affiliates, heirs and assigns jointly and severally agreeing to indemnify, defend and hold harmless Carson City, and any of its elected or appointed officers, agents, employees or attorneys from any and all claims, demands, actions, damages, decrees, judgments, attorney fees, costs and expenses which may be asserted against Carson City, or such elected or appointed officers, agents, employees or attorneys arising out of or in any manner connected with the medical marijuana establishment or marijuana establishment that is the subject of the business license, including, without limitation, any injury, loss or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss or any other loss of any kind whatsoever arising therefrom. This duty to defend and indemnify Carson City hereunder shall apply regardless of any fault of Carson City. The duty to defend Carson City is absolute and shall arise as soon as any demand or claim is asserted against Carson City and is not conditioned upon a finding of fault of the holder of the license. Carson City is entitled to select the attorney assigned to defend against the claims and the holder of the license shall immediately pay all fees and costs charged by the attorney selected by Carson City.

f.

The names of every person who owns a minimum of five (5) percent interest in the medical marijuana establishment or marijuana establishment, along with the percentage of each person's ownership listed. The information required by this application may not be waived.

5.

Any record regarding a medical marijuana establishment or marijuana establishment that is received by Carson City is confidential to the same extent that the record would be deemed confidential if it had been provided to the applicable state agency pursuant to NRS Chapter 453A or NRS Chapter 453D. To the extent not prohibited by law, Carson City may share any such record as required or necessary with the applicable state agency and with the employees of Carson City to perform official duties, and with any local, state or federal law enforcement agency as required for law enforcement purposes.

6.

A business license for a medical marijuana establishment or marijuana establishment will be immediately revoked if one or more of the following circumstances occur:

a.

Receipt of notice by the Business License Division that the applicable state agency has surrendered, suspended or revoked the applicable state approval for the medical marijuana establishment or marijuana establishment;

b.

Receipt of notice by the Business License Division that the holder of the business licenses has failed to maintain valid and current approval by the applicable state agency.

(Ord. No. 2014-14, § V, 10-16-2014; Ord. No. 2017-22, § VI, 10-5-2017)

Editor's note— Ord. No. 2017-22, § IX, adopted October 5, 2017, repealed § 4.04.125, which pertained to temporary business license to operate as a marijuana cultivation facility, marijuana product manufacturing facility or marijuana distributor and derived from Ord. No. 2017-17, § I, 7-20-2017.

A business license that is issued to a hemp cultivation facility, as defined in CCMC Section 18.03.010, or a marijuana establishment under the provisions of this title is a revocable privilege and the holder of such a license does not acquire thereby any vested right.

(Ord. No. 2017-22, § VII, 10-5-2017; Ord. No. 2020-14, § IV, 11-5-2020)

1.

The holder of a business license to operate a medical marijuana establishment or marijuana establishment shall maintain at its business location adequate and accurate books and records at all times.

2.

An employee of the Business License Division or its designee may enter the premises of a medical marijuana establishment or marijuana establishment at any time during regular business hours and without notice to examine, audit and inspect books and records for the purpose of determining the proper payment of any fees required by this Title and compliance with any applicable provision of NRS, NAC or CCMC.

(Ord. No. 2017-22, § VIII, 10-5-2017)

Notwithstanding any other provision of this ordinance, the Business License Division:

1.

Shall not issue a business license to any person to operate a retail marijuana store before January 1, 2018; and

2.

May conduct any preparatory or administrative task for the purpose of carrying out the provisions of this ordinance, including, without limitation, the creation, acceptance, processing or review of a business license application to operate a retail marijuana store.

(Ord. No. 2017-22, § XI, 10-5-2017)

1.

Except as provided for in subsection 3, no more than one license fee may be collected from any single individual, partnership or corporation conducting one or more businesses in the same building and under the same business name. Such license fee shall be the highest fee calculated for any one of such businesses.

2.

The development services director shall endorse upon license issued for a multiple business, as herein set forth, each specific business, occupation or profession engaged in by the licensee.

3.

Liquor, gaming and vehicle pawn license fees shall, however, be required in addition to any other licenses and fees required.

4.

Multiple business licenses and fees will be required where multiple businesses are operated within a single building, but owned by separate entities.

(Ord. 2007-9 § 8, 2007: Ord. 1997-64 § 26, 1997: Ord. 1993-47 §§ 1 (part), 15, 1993: Amended by Ord. 1983-7 § 17, 1983).

Notwithstanding any other provisions of this chapter, each member of a professional partnership practicing in Carson City shall be licensed as an individual in accordance with the provisions of this chapter.

(Ord. 1997-64 § 27, 1997).

1.

No license or permit may be assigned or transferred to another person, or location, nor may a person other than one named in the license carry on the business specified.

2.

A licensee or permittee shall file a new application for license, verified by affidavit, prior to change of any matter stated in the former application. If no additional inspection or investigation by Carson City is necessary, the licensee or permittee shall not be required to pay an update fee.

(Ord. 1997-64 § 28, 1997: Amended by Ord. 1984-35 § 5, 1984).

(Ord. No. 2011-9, § XV, 9-1-2011)

A sign or advertisement kept, exhibited or published indicating that any person is engaged in business, or in the performance of services wherein charge is made or compensation (excluding wages) is accepted, for which a license is required hereunder, shall be prima facie evidence that such person is so engaged therein.

1.

If a pawnbroker accepts motor vehicles as pledged property or in any other manner allows the use of a motor vehicle as collateral for a loan, an additional license is required as required by NRS 244.348.

2.

An additional license authorizing a pawnbroker to accept motor vehicles as pledged property shall be issued upon payment of $100.00. The obligation for the payment of fees for the additional license is a state law requirement and is not affected by CCMC 4.04.140 or any other ordinance prohibiting the collection of fees for multiple businesses.

(Ord. 1995-7 § 2, 1995).

1.

Upon receipt of the required reports from Carson City departments, the Business License Division shall determine whether the license or permit will be issued. The Business License Division may not issue a license or permit until all of the required reporting departments have approved the application. If the Business License Division denies the application, the applicant may appeal to the board of supervisors as hereinafter provided.

2.

Any application or renewal for a license or permit submitted to the Business License Division pursuant to this title may, in addition to any unsatisfied application condition or other basis for denial set forth in a specific section of the Carson City Municipal Code, be denied on any of the following grounds:

a.

The Application or any other document is incomplete or contains false, misleading or fraudulent statements.

b.

The applicant or any of its principals fails to satisfy any qualification or requirement imposed by this title, or other local, state or federal laws or regulations that pertains to the particular license or permit.

c.

The applicant or any of its principals is or has engaged in a business, trade or profession without having obtained a valid license, permit or work card or permit when such applicant or principal knew or reasonably should have known that one was required.

d.

The applicant or any of its principals has been subject, in any jurisdiction, to disciplinary action of any kind with respect to a license, permit or work card or permit to the extent that such disciplinary action reflects upon the qualifications, acceptability or fitness of the applicant or principal to conduct such a business.

e.

The applicant or any of its principals has been convicted of any crime that involves any local, state or federal law or regulation arising out of the operation of a similar business.

f.

The applicant or any of its principals has been convicted of a crime as a result of having perpetrated deceptive practices or fraud upon the public, a business partner or shareholder, a subcontractor or a government entity within the last ten years.

g.

The applicant or any of its principals suffer from a legal disability to conduct such business under state or federal laws.

h.

The premises on which the business is proposed to be conducted does not satisfy all local, state, or federal laws or regulations which relate to the activity that is to be licensed or permitted.

i.

The applicant or any of its principals is in default on any payment or obligation owed to Carson City.

3.

A written notice of appeal from the denial of a license or permit may be filed with the Business License Division not later than 10 business days after the applicant receives certified mail notice of the denial. Upon receipt of the notice of appeal, the Business License Division shall schedule a hearing before the board of supervisors. Notice of the date, time and place of the hearing shall be served upon the applicant not later than 10 business days before the time specified of the hearing by delivering the notice to him or by certified mail to his last known address. The applicant must appear at the hearing, the board may sustain the Business License Division's decision or order that the license be issued. The decision by the board must be in writing or orally expressed in the official record of its public meeting and must include findings of fact.

(Ord. 2007-8 § 10, 2007: Ord. 1997-64 § 30, 1997: Ord. 1993-47 §§ 1 (part), 16, 1993: Ord. 1984-35 § 6, 1984: Ord. 1977-1 § 1(C), 1977).

(Ord. No. 2011-9, § XVI, 9-1-2011)

1.

Licensees shall post business licenses at the place of business in a conspicuous place during the entire term of the license. A person who holds a home occupation business license shall produce license upon demand of an authorized city official at said residence. A person conducting a mobile or out-of-town business shall have a copy of the Carson City business license in his or her possession when doing business in Carson City.

2.

A person who owns or operates a business that has self-service or coin-operated machines for public use shall post in a conspicuous place on the machine a contact phone number which can be used by customers of the machine to make claims or complaints.

(Ord. 1997-64 § 31, 1997).

1.

If any person claims that an inequitable or unjust license or permit fee has been levied hereunder, he may appeal the matter within 10 days to the board of supervisors. The board shall forthwith set the matter for hearing at a regularly scheduled meeting and shall cause notice of the time and place be given to the applicant, which time shall not be less than 5 days prior to the date of such hearing.

2.

A modification or adjustment thereof may be made by the board, with or without amendment to this chapter or any section thereof, as the board may deem fit.

(Ord. 2007-8 § 11, 2007: Ord. 1997-64 § 32, 1997: Ord. 1993-47 §§ 1 (part), 17, 1993: Ord. 1983-7 § 18, 1983: Ord. 1977-1 § 1(D), 1977; Ord. 1976-27 § 1, 1976).

(Ord. No. 2011-9, § XVII, 9-1-2011)

The agents or other representatives of nonresidents who are doing business in Carson City shall be personally responsible for their principal's compliance with this chapter which includes the procurement of business licenses and payment of fees.

(Ord. 1983-7 § 19, 1983).

The amount of any license fee imposed by the provisions of this chapter shall be deemed a debt to Carson City and action may be commenced in the name of Carson City in any court of competent jurisdiction for the amount of any delinquent license fee and costs.

(Ord. 1983-7 § 20, 1983).

1.

Any license or permit issued pursuant to the provisions of this chapter, or any amendment thereof, for the conducting of business, may be suspended, canceled or revoked for good cause by the board of supervisors. Good cause for such suspension, cancellation or revocation shall include, but not be limited to:

a.

The existence of unsanitary conditions, noise, disturbance or other conditions at, near or in the premises which cause or tend to create a public nuisance or which injuriously affects the public health, safety or welfare;

b.

The commission of, or permitting or causing the commission of, any act in the operation of the business which act is made unlawful or is prohibited by any ordinance, rule or law of Carson City, or state or federal government;

c.

Fraudulent practices or misrepresentations in the operation of the business, or concealment or misrepresentation in procuring this license;

d.

Failure to maintain city accounts in good standing, include but are not limited to: gaming licenses, liquor licenses, personal property taxes and room tax; or

e.

Failure to comply with conditions of the business license.

2.

Any license or permit issued pursuant to the provisions of this chapter may be suspended, canceled or revoked in the following manner:

a.

The board may, on its own motion or initiative, or upon complaint of any person, institute proceedings to suspend, cancel or revoke a license or permit by mailing a complaint setting forth the alleged reason for such proceeding to the licensee or permittee at the last address of such license as shown by his application or by a supplemental application filed pursuant to the provisions thereof.

b.

The licensee or permittee shall, within 10 days of the date of such mailing, file with the Business License Division a written answer to such complaint.

c.

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

d.

If the licensee or permittee fails to file a written answer within the time required, or if the licensee or permittee fails to appear at the place and time designated for the hearing, the board may order the license or permit suspended, canceled or revoked.

e.

Unless the board enters its order orally on the official record of its public meeting with findings of fact, the board shall, within 15 days after the date of such hearing, enter its written order to suspend, cancel or revoke, or refuse to suspend, cancel or revoke, the license or permit. The licensee or permittee shall be allowed to operate until the written order or the transcribed oral order attested to by the City Clerk is served personally, or by certified mail to the last known address, upon the licensee or permittee.

f.

As an alternative to the procedure outline in the foregoing subsections, the board may, on its own initiative, or upon the complaint of any person, require the licensee or permittee to appear before the board at a time and place fixed by the board, to show cause, why his license or permittee should not be suspended, canceled or revoked. The hearing shall not be less than 5 days from the date of service upon the licensee or permittee of the order by mailing a copy of the order to him at his last known address or place of business, or by making personal service upon him thereof. The failure by the licensee or permittee to appear at the time and place designated by the board shall, in and of itself, constitute sufficient grounds for suspension, cancellation or revocation of the license or permit.

g.

There shall be no reopening or review of the proceedings whatever by the board except when it subsequently appears to the satisfaction of the board that the licensee's or permittee's failure to answer or appear was due to matter beyond his control, and not through negligence on the part of the licensee or permittee.

h.

In all proceedings under this title or any other provision of this code, the board shall have the right to subpoena the witnesses and documents, and all witnesses thus subpoenaed shall attend at the time and place appointed therein, and failure to attend at the time and place appointed in the subpoena may be regarded by the board as contempt thereof, and a finding by the board to such effect shall be duly reported to the sheriff for immediate disposition thereon, and shall constitute prima facie evidence of contempt in any trial of the offending witness in any municipal court of the city; the penalty for each such offense shall be a fine of not less than $10.00 nor more than $500.00, and shall be accompanied by incarceration of not less than 2 days nor more than 30 days.

3.

In addition to the other remedies provided in this chapter, the Carson City district attorney's office is authorized to petition the district court for an injunction restraining any business form conducting business without a valid license or permit.

(Ord. 2007-8 § 12, 2007: Ord. 1999-2 (part), 1999: Ord. 1983-7 § 21, 1983: Amended by Ord. 1977-1 § 1(E), 1977).

(Ord. No. 2011-9, § XVIII, 9-1-2011)

A certificate that is required to be filed with the Carson City Clerk-Recorder pursuant to NRS 602.010 by every person doing business in this state under an assumed or fictitious name that is in any way different from the legal name of each person who owns an interest in the business may be submitted:

1.

Electronically to and in the manner prescribed by the Business License Division; and

2.

Without being notarized.

(Ord. No. 2017-27, § I, 12-21-2017)

1.

Notwithstanding any other provision of CCMC and pursuant to the authority established by NRS 678D.510, as amended by Section 30.3 of Assembly Bill 341 of the 81st (2021) Session of the Nevada Legislature, the Business License Division shall not issue to any person a license to operate a cannabis consumption lounge.

2.

As used in this section, "cannabis consumption lounge" has the meaning ascribed to it in Section 2 of Assembly Bill 341 of the 81st (2021) Session of the Nevada Legislature.

(Ord. No. 2021-11, § I, 8-5-2021)

Editor's note— Ord. No. 2021-11, § I, adopted Aug. 5, 2021, enacted provisions designated as § 4.04.0103; however, in order to conform to the style of this code, said provisions have been redesignated as § 4.04.310, at the discretion of the editor.

1.

This chapter is enacted pursuant to NRS 244A.7641 through 244A.7647 for the following purposes:

a.

To establish an advisory committee to develop a plan for the enhancement or improvement of the telephone system for reporting emergencies in Carson City and to oversee any money allocated for that purpose.

b.

To impose a surcharge for the enhancement or improvement of the telephone system for reporting an emergency in Carson City on:

1.

Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in Carson City; and

2.

The mobile telephone service provided to each customer of that service whose place of primary use is in Carson City.

(Ord. 2008-21 § 3, 2008).

(Ord. No. 2010-2, § II, 2-18-2010)

As used in this chapter, the words and terms defined in this section have the meanings ascribed to them unless the context requires otherwise.

"Incumbent local exchange carrier" has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

"Mobile telephone service" means cellular or other service to a telephone installed in a vehicle or which is otherwise portable.

"Place of primary use" has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.

"Portable event recording device" has the meaning ascribed to it in NRS 289.830.

"Supplier" means a person authorized by the Federal Communications Commission to provide mobile telephone service.

"Telephone system" means a system for transmitting information between or among points specified by the user that does not change the form or content of the information regardless of the technology, facilities or equipment used. A telephone system may include, without limitation:

(a)

Wireless or Internet technology, facilities or equipment; and

(b)

Technology, facilities or equipment used for transmitting information from an emergency responder to the user or from the user to an emergency responder.

"Trunk line" means a line that provides a channel between a switchboard owned by a customer of a telecommunications provider and the local exchange of the telecommunications provider.

"Vehicular event recording device" means a device which is affixed to a marked vehicle of a law enforcement agency, as defined in NRS 289.830, and which records both audio and visual events.

(Ord. 2008-21 § 4, 2008).

(Ord. No. 2010-2, § III, 2-18-2010; Ord. No. 2017-20, § I, 9-21-2017)

1.

The Board of Supervisors hereby creates an advisory committee called the "9-1-1 surcharge advisory committee" to develop a plan to enhance or improve the telephone system for reporting an emergency in Carson City and to oversee any money allocated for that purpose. The advisory committee shall be comprised of a minimum of five (5) members and a maximum of seven (7) members.

a.

Members will serve without compensation.

b.

A member appointed to the committee must:

(1)

Be a resident of Carson City;

(2)

Possess knowledge concerning telephone systems for reporting emergencies; and

(3)

Not be an elected public officer.

c.

As Carson City has a population of less than one hundred thousand (100,000), at least one member of the committee must be a representative of an incumbent local exchange carrier which provides service to persons in Carson City.

2.

Members will be selected at large by the Board of Supervisors at its discretion.

3.

The Board of Supervisors must appoint members for a term of two (2) years. In order to stagger the terms, the Board of Supervisors must set the appointed members' terms to provide for terms of three of the appointed members to end in odd numbered years. A member may be reappointed to subsequent terms of two years. Any vacancy occurring during a member's term will be filled by the Board of Supervisors. A person appointed to fill a vacancy occurring during a term must serve out the unexpired term of the member replaced.

(Ord. 2008-21 § 5, 2008).

(Ord. No. 2010-2, § IV, 2-18-2010; Ord. No. 2014-1, § I, 1-16-2014; Ord. No. 2017-20, § II, 9-21-2017)

1.

The committee must elect from its membership a chairman and vice-chairman.

2.

The chairman will preside at meetings and be the signatory of any correspondence necessitated by operation of the committee.

3.

The vice-chairman will carry out the duties of the chairman in his/her absence.

(Ord. 2008-21 § 6, 2008).

The committee may adopt rules, regulations and/or bylaws regarding its meetings and procedures.

(Ord. 2008-21 § 7, 2008).

A majority of members of the advisory committee will constitute a quorum. The approval of a majority of all members present to vote is necessary on any action the committee desires to take.

(Ord. 2008-21 § 8, 2008).

(Ord. No. 2014-1, § II, 1-16-2014)

The committee must hold a public meeting not less than quarterly. Any member of the committee may request a meeting of the committee for special purposes. Such requests shall be made to the chairman, or in his absence, the vice-chairman. Notice of the meetings and the conduct of the meetings of the committee, including the taking of minutes and their transcription and retention, must comply with the provisions of chapter 241 of the Nevada Revised Statutes.

(Ord. 2008-21 § 9, 2008).

(Ord. No. 2017-20, § III, 9-21-2017)

1.

For the duration of the imposition of the surcharges, the Board of Supervisors shall, at least annually, review and if necessary, update the master plan.

2.

The Board of Supervisors imposes surcharges for the enhancement of the telephone system for reporting an emergency in Carson City on:

(a)

Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in Carson City; and

(b)

The mobile telephone service provided to each customer of that service whose place of primary use is in Carson City.

3.

The surcharge on access lines to the local exchange of a telecommunications provider is one dollar ($1.00) per month per line.

4.

The surcharge on trunk lines to the local exchange of a telecommunications provider is ten dollars ($10.00) per month per line.

5.

The surcharge for each telephone number assigned to a customer by a supplier of mobile telephone service is one dollar ($1.00) per month per telephone number.

6.

A telecommunications provider that provides access lines or trunk lines in Carson City and a supplier that provides mobile telephone service to customers in Carson City must collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, each telecommunications provider and supplier must remit the surcharge it collects to the treasurer of the county in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers. In accordance with NRS 244A.7647, a telecommunications provider or supplier which collects the surcharge imposed pursuant to this section is entitled to retain an amount of the surcharge collected which is equal to the cost to collect the surcharge.

7.

The committee or city manager may adopt procedures as necessary to effectuate the provisions of this section.

(Ord. 2008-21 § 10, 2008).

(Ord. No. 2010-2, § V, 2-18-2010; Ord. No. 2017-20, § V, 9-21-2017)

1.

The Board of Supervisors hereby creates a special revenue fund for the deposit of any money collected pursuant to NRS 244A.7643 and CCMC 4.05.080. The money in the fund must be used only for the following purposes:

(a)

With respect to the telephone system for reporting an emergency:

(1)

Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

(2)

Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;

(3)

Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and

(4)

Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

(b)

With respect to purchasing and maintaining portable event recording devices and vehicular event recording devices:

(1)

Paying costs associated with the acquisition, maintenance, storage of data, upgrade and replacement of equipment and software necessary for the operation of portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.

2.

If the balance in the fund created pursuant to subsection 1. of this section which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the Board of Supervisors must reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.

(Ord. 2008-21 § 11, 2008).

(Ord. No. 2010-2, § VI, 2-18-2010; Ord. No. 2017-20, § VI, 9-21-2017)

Any telecommunications provider or mobile telephone service supplier that fails to remit surcharges due within 90 days after the date on which the telecommunications provider or supplier must otherwise remit the surcharges to the county treasurer will be subject to a penalty of 5% of the cumulative amount of surcharges owed by the telecommunications provider or supplier.

(Ord. 2008-21 § 12, 2008).

1.

If a customer of a supplier of mobile telephone service believes that the amount of a surcharge imposed pursuant to NRS 244A.7643 or the designation of a place of primary use is incorrect, the customer may notify the supplier of mobile telephone service in writing of the alleged error. The notice must include:

(a)

The street address for the place of primary use of the customer;

(b)

The account number and name shown on the billing statement of the account for which the customer alleges the error;

(c)

A description of the alleged error; and

(d)

Any other information which the supplier of mobile telephone service may reasonably require to investigate the alleged error.

2.

Within 60 days after receiving a notice sent pursuant to subsection 1, the supplier of mobile telephone service shall review the records that the supplier of mobile telephone service uses to determine the place of primary use of its customers.

3.

If the review indicates:

(a)

That the alleged error exists, the supplier of mobile telephone service shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the supplier of mobile telephone service of the alleged error.

(b)

That no error exists, the supplier of mobile service shall provide a written explanation to the customer who alleged the error.

4.

A customer may not bring a cause of action against a supplier of mobile telephone service for surcharges incorrectly imposed pursuant to NRS 244A.7643 unless he first complies with this section.

(Ord. No. 2010-2, § VII, 2-18-2010)

The definitions stated in Sections 4.08.020 to 4.08.070, inclusive, shall apply to this chapter unless the context requires otherwise.

(Amended by Ord. 1984-34, § 1, 1984).

The term "city" means Carson City.

The term "lessee" means any person renting accommodations from a licensee.

The term "transient lodging taxes" means all taxes levied pursuant to this chapter.

(Ord. 1990-25 § 1, 1990).

The term "licensee" means any person operating a rental business.

1.

The term "rental business" means the operation of any hotel, motel, auto court, motor court, lodge, lodging house, apartment, apartment house, apartment house hotel, rooming house, guest house, trailer court, trailer park, tourist camp, ranch resort, guest ranch, cabin or other accommodation having four (4) or more rooms for rental.

2.

"Room," "rooms," and "room rentals" mean any accommodation rented by the operator of any facility described in the definition of "rental business."

(Amended by Ord. 1977-2 § 1, 1977).

1.

There is hereby fixed and imposed a transient lodging tax on every licensee operating a rental business within the city in the amount of seven percent (7%) of the amount of gross income derived from room rentals received by each licensee from the renting of rooms within the corporate limits of the city. This transient lodging tax is in addition to any license, fee or charge fixed or imposed by any other provision of the CCMC. Two percent (2%) of the above seven percent (7%) tax may only be used to redeem the general obligation bonds issued for any recreational facilities in Carson City.

2.

In addition to the transient lodging tax imposed above, there shall be a tax of one percent (1%) of the gross receipts from the rental of lodging in Carson City upon all persons in the business of providing lodging. Three-eighths of this amount shall be paid to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism. Five-eighths of the additional one percent tax shall be deposited with the Carson City Convention and Visitors' Bureau to be used to advertise the resources of Carson City related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

3.

In addition to the transient lodging tax imposed above, there shall be a tax of two percent (2%) of the gross receipts from the rental of lodging in Carson City upon all persons in the business of providing lodging. The additional two percent (2%) shall be deposited with the Carson City Convention and Visitors' Bureau to be used primarily for the payment of capital costs, including construction, administration and the retirement of bonds for the Virginia and Truckee Railroad Reconstruction Project route between Virginia City and Carson City, Nevada. Additionally, any remaining funds shall be used for, but not limited to, upgrades, maintenance, operations, planning and administration for the Virginia and Truckee Railroad project as directed by the Board of Directors of the Carson City Convention and Visitor's Bureau. The imposition of this tax will be a single purpose directed levy for the reconstruction of the Virginia and Truckee Railroad. At which time the project is completed, abandoned prior to reconstruction, or for any reason no longer requires this funding, the tax will sunset and expire without further action of the Carson City Convention and Visitor's Bureau.

4.

In addition to the transient lodging tax imposed above, there shall be a tax of one percent (1%) of the gross receipts from the rental of lodging in Carson City upon all persons in the business of providing lodging. The additional one percent (1%) shall be deposited with the Carson City Convention and Visitors' Bureau to be used primarily for the implementation of the Carson City Arts and Cultural Master Plan and development of a Cultural Tourism Campaign. The imposition of this tax will be a single purpose directed levy for the implementation of the Carson City Arts and Cultural Master Plan and development of a Cultural Tourism Campaign.

(Ord. 2002-42 § 1, 2002; Ord. 1990-25 § 2, 1990: Ord. 1984-34 § 2, 1984: Ord. 1983-14 § 1, 1983).

(Ord. No. 2008-30, § I, 8-21-2008; Ord. No. 2016-7, § I, 5-5-2016; Ord. No. 2021-5, § II, 4-1-2021)

1.

The city treasurer shall issue written business licenses, in such form as may be prescribed by the board, upon application therefor, and it shall be unlawful for any person, either for himself or for any other person to commence or carry on any rental business within the city without first having procured a business license from the city treasurer to do so.

2.

The carrying on of any such rental business without first having procured a business license from the city treasurer shall constitute a separate violation for each day that such business is so carried on.

3.

No business license shall be issued or renewed by the city treasurer pursuant to this section unless it is first determined that all transient lodging taxes, penalties and interest are paid in full, and no delinquencies exist with respect to the rental business whether or not the delinquencies were incurred by the applicant for license or renewal. The Bureau is to notify the treasurer of all license holders with any delinquencies prior to December 1st of each year.

(Ord. 1990-25 § 3, 1990: Ord. 1982-44 § 1, 1982).

There is excepted from the transient lodging tax each rental by a licensee of a room or rooms made for a period of twenty-eight (28) days or more. This exemption, however, applies only where payment is made for the entire twenty-eight (28) day period upon arrival, in which case the exemption commences on the first day of occupancy; or payment is made for less than twenty-eight (28) days upon arrival, in which case the exemption commences on the twenty-ninth (29th) day of occupancy.

(Ord. 1994-58 § 1, 1994: Ord. 1990-25 § 4, 1990).

1.

Each licensee shall add the amount of the transient lodging tax to the amount of the room rentals due and shall collect the tax and rentals from each lessee.

2.

The amount of the tax shall be displayed separately from the price of the accommodation or room on the guest registration card or other proof of guest registration.

(Ord. 1990-25 § 5, 1990).

Each licensee shall prominently display in each room or suite of rooms leased as a unit, or at the licensee's option, in a lobby at or in the immediate vicinity of the registration desk for the business, a sign reading substantially as follows:

NOTICE

 For each rental of less than twenty-eight days, this business is required by law to collect an eight percent transient lodging tax.

THE MANAGEMENT

(Ord. 2003-5 § 2, 2003: Ord. 1990-25 § 6, 1990).

Transient lodging taxes shall become due and payable to the Convention and Visitor's Bureau on the last day of each month next succeeding the calendar month or fraction thereof during which the license taxes accrued, and shall become delinquent if not paid on or before the first day of the second succeeding month.

(Ord. 1990-25 § 7, 1990: Ord. 1984-34 § 3, 1984).

1.

The board or its duly authorized agent may examine and audit the books, papers and records of any person operating a rental business within the city and make investigations in connection therewith.

2.

If any person operating a rental business refuses to allow the board or its duly authorized agent to examine and audit the books, papers, and records of the rental business, the board may estimate the amount of transient lodging tax due for any month based upon the following information:

a.

In cases where the rental business is a new business, the amount of volume of business done by rental business of like kind, character, and location; or

b.

In cases where the rental business is a continuing business, the amount of volume of business done in the corresponding month of the preceding year, plus any reasonably estimated increase in the amount of volume of business in the present year.

c.

Additionally, the board may apply to the clerk of the district court for a subpoena or subpoena duces tecum, as the case may be, commanding that the owner or operator of a rental business produce books, papers and records of said business which may be necessary or desirable to enable the board to properly conduct an audit or examination of any such business. Upon issuance of any such subpoena, any peace officer may serve it.

(Ord. 1991-62 § 1, 1991: Ord. 1990-25 § 8, 1990: Ord. 1977-22 § 1, 1977).

Every licensee shall keep a register of all persons occupying rooms in their respective rental businesses.

All proceeds of the transient lodging tax fixed and imposed by this chapter are hereby assigned to the Convention and Visitor's Bureau in accordance with, under the authority of, and for the purposes and to the full extent set forth in Nevada Revised Statutes, Section 269.095 and Sections 244A.597 to 244A-.655, inclusive.

(Ord. 1990-25 § 9, 1990: Ord. 1984-34 § 4, 1984).

The Carson City Culture and Tourism Authority shall present a report of the proceeds and use of the proceeds of the tax collected under CCMC 4.08.080(4) to the board of directors of the Carson City Culture and Tourism Authority three (3) times each year and to the board once each year.

(Ord. No. 2021-5, § I, 4-1-2021)

The power and authority to enforce the transient lodging tax liens created by this chapter are hereby delegated to the Carson City Convention and Visitor's Bureau.

(Ord. 1990-25 § 10, 1990: Ord. 1984-34 § 5, 1984).

1.

If any transient lodging taxes provided for in this chapter are delinquent, a penalty shall be imposed and collected. The penalty shall be computed at the rate of ten percent (10%) of the delinquency or an administrative fee of seventy-five dollars ($75.00), whichever is greater. Additionally, there shall be charged interest at the rate of one point five percent (1.5%) per month or fraction of the month on all delinquencies. Penalties shall not be compounded.

2.

In the event, upon audit or otherwise, it is determined by the executive director of the Carson City Convention and Visitor's Bureau that any delinquency is due to unintentional conduct on the part of the licensee, the executive director, upon prior written notice to the governing body of the bureau, may waive all or some of the delinquency imposed pursuant to subsection (1) of this section and may impose a penalty of no less than ten percent (10%) or seventy-five dollars ($75.00), whichever is greater, of the delinquency. The authority delegated herein to the executive director shall not extend to delinquencies attributed to transient lodging taxes authorized and mandated to be collected by NRS 244.3352 or to cases of fraud, intentional conduct, or evasion of payment on the part of a licensee.

3.

As a further means of deterring tax delinquencies, if any licensee has two (2) or more delinquencies for any calendar year, then said licensee shall be required, on or before February 1st of the year following the delinquencies, to post a bond in an amount equal to the preceding year's taxes for which the licensee is, or was, obligated. In the event of a new business the Carson City Convention and Visitors Bureau shall determine, by reference to similarly situated businesses in Carson City, the amount of the bond. The bond must be duly obtained and posted in order for the licensee to continue in business. The Carson City Convention and Visitors Bureau shall notify the Carson City treasurer of any non-compliance with this section. The bond shall be in effect for a minimum of one (1) year commencing on the date of its effectiveness. All costs in connection with the bond shall be the responsibility of the licensee. The bond shall be written and posted by a company acceptable to the Carson City Convention and Visitors Bureau. The bond shall run in favor of the Carson City Convention and Visitor's Bureau. Any owner of real property upon which a licensee operates a hotel/motel is responsible for payment of room taxes should the licensee fail to pay. In the event that the real property upon which the hotel/motel is located is sold or otherwise transferred, the new owner is likewise responsible to pay all room taxes generated but not paid by prior licensee or owners.

4.

A return must be filed for each reporting period regardless of tax liability. Failure to file a return will result in a penalty of seventy-five dollars ($75.00) for each return not filed.

5.

Every person, either for himself or as an agent of another, who commences, engages in, conducts or carries out any rental business for which a license is herein required, without first procuring such license or who shall fail or refuse to pay the room tax as herein provided, or who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the jail for not exceeding six (6) months or by both such fine and imprisonment.

(Ord. 2000-17 § 1, 2000: Ord. 1994-58 § 2, 1994: Ord. 1990-25 § 11, 1990: Ord. 1985-41 § 1, 1985).

Whenever used in this chapter, unless the context otherwise requires:

1.

"Banking game" shall mean a game conducted by one or more persons, where there is a fund, against which everyone has a right to bet, the bank being responsible for payment of all funds, taking all that is won and paying all that is lost. The fund which is provided for that purposes is generally called the "bank" and the person who conducts it the "banker."

2.

"Board" shall mean the mayor and the members of the board of supervisors of Carson City.

3.

"Convicted" shall mean a finding of guilt resulting from a plea of guilty, the decision of a court or magistrate or the verdict of a jury, irrespective of the pronouncement of judgment or the suspension thereof.

4.

"Employee" shall mean an individual who performs services subject to the control by any employer. Where, for Federal Social Security tax purposes, a determination has been made that an individual is an employee, that determination will be controlling for the purposes of this chapter.

5.

"Gambling device" shall mean and include any device or apparatus designed for carrying on any gambling game, or for determining whether the player is to win or lose.

6.

"Gambling games" shall include all games specifically mentioned in this chapter and also shall be given a very general application and shall include bookmaking, pool selling, and all acts, games and contrivances by which one risks money or other things of value on a contest or chance of any kind.

7.

"Jukebox" shall mean any mechanical device for the playing of music actuated and controlled by the placing of coins or tokens therein.

8.

"License" shall mean a license issued pursuant to this chapter.

9.

"Licensee" shall mean any person to whom a license has been issued pursuant to this chapter.

10.

"Person" shall include an individual, partnership, firm or corporation, as the context requires.

(Amended by Ord. 1973-9 § 1(2) (part), 1973)

It is hereby declared to be the policy of this chapter that all establishments where gambling games are conducted or operated or where gambling devices are operated in Carson City shall be licensed and controlled so as to better protect the public health, safety, morals, good order and general welfare of the inhabitants of Carson City and it is hereby made the duty of the sheriff of Carson City to investigate into the legal qualifications of each applicant for licenses 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. To better define the policy of this chapter the following persons are declared to be not qualified or satisfactory to hold any license under the provisions of this chapter:

1.

A person who shall have been convicted within the past five years:

a.

Of a felony or of 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 unlawful entry of a building;

f.

Of unlawful possessing or distributing narcotic drugs;

g.

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 is not a citizen of the United States.

4.

A person who does not possess a good moral character.

5.

A person who the board shall determine 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, morals, good order and general welfare of the inhabitants of Carson City.

It shall be the duty of the sheriff:

1.

To inspect or cause to be inspected any premises where gambling games are conducted or operated or where gambling devices are operated.

2.

To investigate into the qualifications of all applicants for licenses as provided in this chapter, and to report the results of his investigation to the board and to recommend allowance or disallowance of any application for a license under the provisions of this chapter.

3.

To institute through the 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.

4.

To recommend to the board the revocation of any license issued under the provisions of this chapter:

a.

When a licensee has refused to comply with, or has violated any of the provisions of this chapter;

b.

Who has been found guilty by any court of competent jurisdiction of any violation of this chapter, or of any violation of any law of the state of Nevada regulating or pertaining to the conduct or operation of any gambling game or gambling device;

c.

For misrepresentation of a material fact by the applicant in obtaining a license hereunder; or

d.

When a licensee shall be deemed 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, morals, good order and general welfare of the inhabitants of Carson City.

1.

Each license provided for in this chapter may only be issued to one person, it being the intention of the board to hold the individual as said licensee personally responsible for the orderly conduct of said business. If the applicant 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 of the owner or owners of said business appointing the applicant as the agent of said owner or owners, authorizing him to apply for said license and to conduct the business.

2.

Any person desiring to conduct, operate or carry on any gambling game, slot machine, or any game of chance, or any jukebox, in accord with the terms of this chapter, shall submit a written application for such license, under oath, setting forth the following information:

a.

The name, age, sex, address of present residence and address of all residences for the past five (5) years of applicant;

b.

A description of the premises to be licensed giving the street and number and the portion thereof to be occupied by the establishment for which the license is sought;

c.

The particular type of slot machine, or the particular game or device which the applicant proposes to carry on, conduct or operate on the described premises;

d.

The name of the owner of the premises on which the licensed business is to be conducted and the name of his authorized agent, if any;

e.

A statement that if the license be granted, the applicant will conduct the establishment in accordance with the provisions of the laws of the state of Nevada and the laws of Carson City applicable to the conduct of such business; and that such application is made upon the express condition that if such license be granted it shall be subject to revocation in accordance with the provisions of this chapter.

3.

Every application for a license under subsection 1 of this section shall be filed in the office of the clerk and shall be accompanied by payment of the amount of the license fee applicable to the particular type of license for which the application is made.

(Amended by Ord. 1973-9 § 1 (1), 1973).

1.

No Carson City gaming license shall be granted to or maintained by the holder of an unrestricted gaming license issued by the State of Nevada unless such licensee maintains on the same parcel of property no fewer than one hundred (100) guest rooms which comply with the requirements of Chapter 447 of the Nevada Revised Statutes as it may from time to time be amended, and which rooms shall be held out to the public as and for transient nightly occupancy.

2.

Except as otherwise provided in Section 4.14.046, the provisions of subsection 1 do not apply to any entity which holds an unrestricted gaming license on the date the ordinance codified in this section became effective.

3.

The provisions of subsection 1 do not apply to any entity having an application for an unrestricted gaming license pending with the State of Nevada by August 1, 2002 providing that it is issued within one (1) year from the date of application.

4.

The provisions of subsection 1 do not apply to any entity which previously held an unrestricted gaming license but does not, on the date the ordinance codified in this section became effective, hold such a license, provided that such an entity make application to the State of Nevada for an unrestricted gaming license within one hundred eighty (180) days of the date the ordinance codified in this section became effective. The board of supervisors in its discretion, may, for good cause shown, approve a onetime one hundred eighty (180) day extension of the time in which to make such application.

5.

The provisions of subsection 1 do not apply to the transfer of any unrestricted gaming license issued by the State of Nevada, nor the transfer of any gaming license issued by Carson City, providing that such license is in good standing at the time of the transfer.

(Ord 2002-12 § 2 (part), 2002: Ord. 2002-7 § 2 (part), 2002).

If gaming operations at any location for unrestricted gaming under the provisions of this code are discontinued for twenty-four (24) consecutive months, the exemptions set forth in Section 4.14.045 do not apply unless the licensee demonstrates that the discontinuance is due to the demolition and reconstruction, remodeling or expansion of the structure in which the licensed gaming activity took place. The licensee must have obtained a Carson City building permit for any such work and in any event has the burden of demonstrating that the discontinuance is for the purposes set forth herein. Any such demolition and reconstruction, remodeling or expansion must be diligently pursued and completed in a reasonably timely manner.

(Ord. 2002-7 § 2 (part), 2002).

1.

If the Carson City gaming license is denied, the applicant may appeal to the board of supervisors as hereinafter provided.

2.

A written notice of appeal from the denial of a license may be filed with the city treasurer not later than ten (10) business days after notice of the denial is provided to the applicant by certified mail sent to his last known address. Upon receipt of the notice of appeal, the treasurer shall schedule a hearing before the board of supervisors. Notice of the date, time and place of the hearing shall be provided the applicant by certified mail sent to his last known address not later than ten (10) business days before the time specified for the hearing. The applicant or his representative must appear at the hearing. The board may sustain the treasurer's decision or order that the license by issued. The decision of the board must be in writing and must include one (1) or more of the following findings of fact:

a.

Evidence of payment dates showing timely post-marks or other proof of timely delivery of documents described in Section 4.14.045 (3) and (4);

b.

Evidence showing a reasonable sustained effort to timely comply or no fault of the applicant for failure to comply with performance dates set forth in Section 4.14.045 (3) and (4); or

c.

Evidence of special circumstances or conditions which apply to the applicant's parcel of real property which make compliance with the provisions of Section 4.14.045 difficult, provided that:

i.

Such circumstances or conditions are not self-imposed; and

ii.

The granting of the license will promote the public health, safety, and general welfare of Carson City by increasing tourism, commerce, or other similar activities in an amount equivalent to that which would be achieved by compliance with Section 4.14.045. The determination of equivalence shall be based on realistic estimates of either; a) an investment in tourism related infrastructure equivalent to that of one hundred (100) hotel rooms; or, b) an annual economic benefit equivalent to that which would have been achieved by one hundred (100) hotel rooms. Examples of items that may qualify as tourist related investments include, but are not limited to: parking garage, golf course, convention center or a visitor attraction facility such as a museum, amusement park, science center, etc. The measure of equivalence of annual economic benefit shall include an estimate of potential annual expenditures in the community from the resulting tourism.

(Ord. 2002-12 § 2 (part), 2002: Ord. 2002-7 § 2 (part), 2002).

1.

A license issued to any person to conduct or operate a gambling game of gambling device under the provisions of this chapter on any premises in Carson City may not be used for any other premises or for any other part of the building containing the licensed premises, without the consent of the majority vote of the board.

2.

No license granted under the provisions of this chapter may be transferred by the licensee to any other person except upon application made to the sheriff, and which application must be approved by a majority vote of the board, who shall have the power and authority to grant the transfer or deny the request and require that a new and original application be made by the proposed transferee.

3.

If the licensee shall cease to operate the licensed business, or if said license shall be revoked, there shall be no refund on said license, or if a receiver or assignee for the benefit of creditors shall be appointed for said business, or guardian of the property of an individual holding a license shall be appointed during the time for which such license was granted, or if a person holding a license shall die during the term for which such license was given, such receiver or assignee or guardian of such a license, or the administrator or executor of the estate of such a deceased licensee, may continue to carry on the licensed business on the premises designated therein for the balance of the term for which said license was effective with the same rights and subject to the same restrictions and liabilities as if he had been the original holder of such license, providing the authority of the board be first obtained. Before continuing such business, such receiver, assignee or guardian or administrator or executor shall file a statement with the board, setting forth the facts and circumstances by which they/he has succeeded to the rights of the original licensee.

Every license issued under the provisions of this chapter shall be for a period of three (3) months and shall expire at the end of the quarterly period in which issued, namely, on March 31st, June 30th, September 30th, and December 31st.

1.

It shall be unlawful for any person, either as the owner, lessee or employee, to deal, operate, carry on, conduct, maintain or expose for playing:

a.

Any game of faro, monte, roulette, keno, fan-tan, twenty-one, big injun, klondike, craps, stud poker, draw poker, or any bank or percentage game, played with cards, dice or any mechanical devices or machines for money, property, checks, credit, or any representative of value; or

b.

Any gambling game, device, or any pool or poolroom in which any person keeping, conducting, managing or permitting the same to be carried on, receives directly or indirectly any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the same to be carried on; or

c.

Any slot machines or punchboards played for money, for checks or tokens redeemable in money or property; without first having procured a license in the manner hereinbefore provided, and paid for the same, in advance, in accordance with the schedule hereinafter specified.

2.

Notwithstanding any other provision in this section, a licensee who has held a gambling license for not less than one year may pay said fee quarterly in advance.

3.

For purposes of efficiency and reduction in duplications, those fees established in NRS 463.390 entitled "County License Fees" shall be computed and collected with the Carson City fees established in this code.

a.

The schedule of quarterly fees is as follows:

(Amended by Ord. 1973-9 § 1(2) (part), (5), 1973: Ord. 1977-9 § 1, 1977).

It shall be unlawful for any person to deal, operate, conduct, maintain, carry on or play, or expose for play, in Carson City, any gambling game or device which is prohibited or may hereafter be prohibited by any law of the state of Nevada.

1.

It shall be unlawful to sell, or give away, or offer to sell or give away, any tokens, tickets, or other devices, used for the purpose of permitting the holder thereof to acquire any manner of property by chance, lottery, or skill, over the value of five hundred dollars, regardless of the purpose for which the proceeds of the venture are to be used, without first making application to the sheriff for a license to do so.

2.

Such application shall be made and the license granted or refused in the same manner as any other license.

3.

The fee for any such license shall be twenty-five dollars ($25.00) per quarter.

Nothing in this chapter shall be construed to prohibit social games played solely for drinks or cigars served individually, or games played in private homes or residences for prizes, or nickel-in-the-slot machines operated solely for cigars or drinks.

All licenses issued for any gambling game or device under the terms and provisions of this chapter shall be posted in a conspicuous place where such gambling devices or games are installed so that they may be readily inspected by any person.

1.

It shall be unlawful for any person operating any of said games or slot machines to allow any person under the age of twenty-one (21) years to play any licensed game or slot machine, or loiter about the room or premises wherein any game or slot machine herein mentioned is operated or conducted.

2.

In any legal action it shall be no excuse by the licensee, employee or dealer operating or conducting any licensed game or slot machine to plead that he or they believed the party or parties to be twenty-one (21) years old or older.

It shall be unlawful for any person under the age of twenty-one (21) years to play any gambling game or device, or any slot machine, or loiter about the room or premises where any gambling game is operated or conducted.

It shall be unlawful for a parent or guardian, or other person having the charge, care, custody or control of any person under the age of twenty-one (21) years, to permit such person under twenty-one (21) years of age to play any gambling game or device, or any slot machine, or to loiter about any room or premises where any gambling game or device is operated or conducted.

1.

It shall be unlawful to conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device, and to deal, conduct, carry on, operate or expose for play any game or games played with cards, dice, or any mechanical device, or any combination of the game which may have in any manner been marked or tampered with, or equipped with electrical or other device whatsoever which might render the game more liable to win or lose. The use of marked cards, loaded dice, plugged or tampered-with machines or devices are expressly made unlawful.

2.

It shall be unlawful for any person to introduce or use any marked cards, loaded dice or other fraudulent device in any gambling game, or to insert anything but a coin minted by the United States of America into a slot machine designed for coin operation, or to tamper with any gambling game or device.

It shall be unlawful for any person or persons to knowingly permit any of the slot machines, games or devices mentioned in this chapter to be conducted, dealt or carried on in any house or building owned or leased by or under the control of said person, except by a person who has received a license as herein provided.

Every official and sheriffs officer of Carson City shall have access to every part and portion of the premises 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 time.

1.

Any licensee or group of licensees under this chapter may employ private policemen for the purpose of maintaining good order in the business establishment or establishments operated by such licensee or licensees with the following privileges and upon the following terms and conditions:

a.

Such private policemen, before they are employed as such by any licensee or licensees, shall be first approved by the sheriff, and such approval shall be effective only when given in writing. Such approval shall be continuous in nature, and the same may be revoked by the sheriff at any time for any reason satisfactory to him.

b.

Such private policemen may, while on duty as such, wear uniforms or insignia which have been first approved by the sheriff.

c.

Such private policemen shall for all purposes be deemed employees of said licensee or licensees and not employees or representatives of Carson City.

2.

The sheriff shall require from each licensee or group of licensees desiring to employ one or more uniformed private policemen a bond in the sum of not less than five thousand dollars ($5,000.00) by the terms of which Carson City and the sheriff are indemnified against, and saved harmless from, any claim or cause of action arising out of or based upon, in part or in whole, the acts or conduct of any private policeman employed by such licensee or group of licensees.

Any license issued under the provisions of this chapter may be revoked by the board when it shall appear to the satisfaction of a majority of the members of the board that:

1.

The licensee or his employee has subsequent to the issuance of said license been convicted of an offense of such a nature as to cause a majority of the board to conclude that such licensee is no longer a suitable or qualified person to hold a license under the provisions of this chapter in Carson City;

2.

For making any false material statement in an application for a license;

3.

Transferring, assigning or hypothecating a license;

4.

Failure to pay any quarterly installment of the license fee in advance; or

5.

Refusal or neglect to comply with any of the provisions of this chapter.

(Amended by Ord. 1973-17 § 1, 1973; prior Ord. 1973-9 (part), 1973).

1.

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

2.

The board may on its own motion or initiative, or upon complaint of any person, institute proceedings to revoke a license by mailing a complaint setting up the alleged reason for such proceeding to the licensee at the last address of such licensee as shown by his application or by a supplemental application filed pursuant to the provisions hereof.

3.

The licensee shall within five (5) days from the date of such mailing, unless an extension of time be granted by the board, file with the clerk a written answer to such complaint, under oath.

4.

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

5.

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 board shall order the license revoked.

6.

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

7.

There shall be no reopening or appeal or review of the proceedings whatever, before the board, except when it shall subsequently appear to the satisfaction of the board that the licensee's failure to answer or appear was due to matters beyond his control and not through negligence on the part of the licensee.

8.

Where a license is sought to be revoked for nonpayment of license fees the above-described procedure is inapplicable. In instances where a licensee fails to pay the fees, his establishment may be closed down by the board of supervisors without a hearing in accordance with state policy and statutes.

(Amended by Ord. 1973-9 § 1(4), 1973).

If any license of any licensee shall be revoked under the provisions of this chapter, no license shall be granted such licensee under the provisions of this chapter within two (2) years of the date of such revocation.

It shall be unlawful for any person to cause any complaint to be filed with the board seeking the revocation of any license issued under the terms of this chapter knowing such complaint to be unfounded in actual fact.

1.

It shall be unlawful for any licensee of an establishment to permit the creation of noises in such establishment, either by reason of boisterous conduct on the part of individuals or by reason of music or entertainment created by mechanical musical instruments or otherwise, or by dancing or other source of vibration which will unreasonably disturb any person or persons of ordinary sensibilities in any adjoining room or rooms, or building or premises.

2.

Violation of the provisions of this section may constitute cause for the revocation of the license of the licensee permitting such noise.

It is unlawful for any solicitor or peddler as defined in Section 4.16.020 to engage in such business within Carson City without first obtaining a registration permit therefor in compliance with the provisions of this chapter.

(Ord. No. 2012-13, § II, 8-16-2012)

As used in this chapter, "solicitor" or "peddler" means any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, selling or taking or attempting to sell or take orders for sale of a product of any nature whatsoever, except food from a food establishment as defined by NRS 446.020, for immediate or future delivery, or for services not requiring a professional license to be furnished or performed presently or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided that such definition shall include any person who, for himself or for another person, firm or corporation hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop, or any other place within Carson City for the purpose of exhibiting samples and taking orders for future delivery.

"Commercial traveler" means any person working as a sales representative for a corporation or other business entity authorized to do business in Nevada which is engaged in intrastate or interstate commerce.

"First Amendment solicitor" means any person whose solicitation is an exercise of pure political, religious or other First Amendment communication not involving the sale of goods or services.

"Local peddler or solicitor" means a permit applicant under this chapter whose primary residence or business is located within the boundaries of Carson City, Nevada.

"Peddle or solicit" means active or passive selling, offering for sale or soliciting orders for goods or services to any person (or distributing, disseminating or gathering commercial information to or from any person) upon the streets, sidewalks or alleys of the city, or by going from place to place or door to door whether by foot or by other means of transportation. Distribution, dissemination or gathering of written commercial information or electronic commercial information (or a packaged free product sample) upon private or public property not involving inter-person communication shall not be considered peddling or soliciting.

(Ord. No. 2012-13, § III, 8-16-2012)

1.

No person shall solicit or peddle before obtaining a registration permit from the Carson City Sheriff's Office (sheriff). Registration shall be a sworn statement in writing on a form to be furnished by the sheriff, which shall give the following information:

a.

Name and description of the solicitor or peddler;

b.

Permanent home address and phone number and full local address and phone number of the solicitor or peddler;

c.

A brief description of the nature of the business or activity, whether the solicitor or peddler will be a for profit or not for profit solicitor or peddler and any goods or services to be sold;

d.

If employed in the capacity of a solicitor or peddler, the name, address, phone number and Carson City Business License number of the employer;

e.

If an independent contractor, a listing of all companies the independent contractor is an agent for, the companies' addresses and their phone numbers.

f.

The length of time not to exceed six (6) months for which the person intends to solicit or peddle in Carson City;

g.

The place where any goods or property proposed to be sold, or orders taken for the sale thereof, are located at the time the registration is filed, and the proposed method of delivery;

h.

A current photograph of the solicitor or peddler;

i.

A statement that within the past five (5) years the applicant has not been convicted of, nor released from jail or prison for conviction of, any crime of burglary, theft, embezzlement, fraud, robbery, rape, assault, battery, manslaughter, murder, sale of a controlled substance, prostitution or any other crime of moral turpitude and is not currently required to register as a sex offender; and

j.

A statement the applicant is currently not a NAC 441A.030 carrier of contagious, infectious, or communicable diseases that may be passed by casual business contact with other individuals.

2.

Upon receipt of such registration containing satisfactory responses, the sheriff shall issue a permit. Any denial of the permit shall be in writing and set forth the reason(s) for the denial. Upon receipt of notice of denial the applicant may appeal to the board of supervisors as set forth in this section.

3.

A notice of denial shall be deemed received three (3) calendar days following regular mail of notice to any disclosed address in the registration. Any denial by the sheriff may be appealed to the board of supervisors provided a written appeal setting forth the basis of the appeal is received by the sheriff within fifteen (15) calendar days of the date of the denial notice. The board shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 4.16.060(2) for notice of hearing on revocation. The decision and order of the board on such appeal shall be final and conclusive.

(Ord. No. 2012-13, § IV, 8-16-2012)

1.

The sheriff shall issue to each permittee at the time of delivery of his permit a badge which shall contain the words "solicitor's permit" and the number of the permit.

2.

Such badge shall, during the time such permittee is engaged in soliciting or peddling, be worn constantly by the permittee on the front of his outer garment in such a way as to be conspicuous.

3.

A permitee shall not solicit or peddle while wearing an expired badge.

(Ord. No. 2012-13, § V, 8-16-2012)

1.

Permits issued under the provisions of this chapter may be revoked by the board after notice and hearing, for any of the following causes:

a.

Fraud, misrepresentation, or false statement contained in the registration for permit;

b.

Fraud, misrepresentation, or false statement made in the course of carrying on his business as solicitor or peddler;

c.

Any violation of this chapter;

d.

Conviction of any crime or misdemeanor of burglary, theft, embezzlement, fraud, robbery, rape, assault, battery, manslaughter, murder, sale of a controlled substance, prostitution or any other crime or misdemeanor involving moral turpitude; or

e.

Conducting the business of soliciting, or peddling, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

2.

Notice of the hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall either be served personally upon the permittee or shall be mailed, postage prepaid, to the permittee at any disclosed address in the registration at least five (5) days prior to the date set for hearing.

3.

The sheriff may suspend any such permit until the board conducts such hearing when immediate action is necessary to protect the health, safety or welfare of the public.

4.

The decision and order of the board on such revocation hearing shall be final and conclusive.

(Ord. No. 2012-13, § VI, 8-16-2012)

It is unlawful for any person, solicitor, peddler, commercial traveler or First Amendment solicitor as defined in CCMC Section 4.16.020 without prior invitation to knock upon or about any door, gate, window, wall, fence, entrance way, or to ring any door bell, or to activate any notification device, or to otherwise enter and interact with any person on private property in any uninvited type of solicitation or peddling, at any residence or commercial establishment where at least one (1) sign or written warning such as "No Peddlers", "No Peddling", "No Solicitors", "No Soliciting", "No Trespassing", or "Day Sleeper" is clearly posted for anyone entering the residence's or commercial establishment's relevant access entrance(s), entranceway(s), door(s), doorway(s), gate(s), gateway(s), walkway(s) or driveway(s). A posted sign or written warning may also set forth the hours and/or days when soliciting and peddling are not prohibited, for example "No Soliciting between 5:00 pm and 9:00 am". The mere placement of any written or electronic information or any free product sample upon private property in the accessible area adjacent to a posted sign or written warning authorized under this section shall not constitute a violation of this section.

(Ord. No. 2012-13, § VII, 8-16-2012)

All permits issued under the provisions of this chapter shall be for one hundred eighty (180) days from issuance, after which they shall automatically expire.

(Ord. No. 2012-13, § VIII, 8-16-2012)

A permit required by this chapter shall not apply to:

1.

Any commercial travelers as defined in this chapter selling goods or services to retail or wholesale stores or places of business.

2.

Any First Amendment solicitor as defined in this chapter.

3.

Any local peddler or solicitor associated with a Carson City local school program or a Carson City local youth sports program.

4.

Any local peddler or solicitor associated with an official entity or group of the Girl Scouts, Boy Scouts, or Cub Scouts of America, or Boys & Girls Club of Western Nevada.

5.

Any other non-profit identified by the sheriff's department may be exempted from the permit required by this chapter.

(Ord. No. 2012-13, § X, 8-16-2012)

The following definitions shall apply when used in this chapter: (a) "Transient facility child-tending agencies" means a business that employs one or more persons to care for a minor child or children temporarily residing in a rental business or establishment. ("Rental business" is defined in Section 4.08.070 of this code.) "Transient facility child-tending agency" is further identified by a method of operation which accepts requests from guests or management of rental businesses for child-tending service, for a fee, and responds to such requests by sending a person to perform the requested service. Said term shall include the management of rental facilities if said management operates such a service as above described.

(b)

"Employee" means any person who is dispatched by the operator or operator's representative of a transient facility child-tending agency to perform a child-tending service in a rental business.

(Ord. 1973-35 § 1 (part), 1973).

Application for any license to provide child-tending services in a rental business shall be made in writing. The application shall be made only by the person or persons who are the owners or real parties in interest and who shall be held responsible for the proper conduct of such business and its employees while engaged in providing the services of the business. The applicant for a business license under this chapter must file with the clerk a sworn application in writing on a form to be furnished by the clerk, which shall give the following information:

(a)

Name and description of the applicant;

(b)

Permanent home address of the applicant;

(c)

Two (2) photographs of the applicant, taken within sixty (60) days immediately prior to the date of the application, which picture shall be two (2) inches by two (2) inches showing front view of the head and shoulders of the applicant in a clear and distinguishing manner;

(d)

The names of two (2) reliable citizens of Carson City who will certify to the applicant's good character and business respectability;

(e)

A statement made under oath before anyone permitted to administer oaths in the state of Nevada as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

(f)

A statement by a licensed physician of the state of Nevada, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease;

(g)

At the time of filing the application, a nonrefundable fee of twenty-five dollars ($25.00) shall be paid to the clerk to cover the cost of investigation of the facts stated therein;

(h)

In addition to said investigation fee, applicants must obtain business licenses annually as prescribed by Chapter 4.04 of the Carson City Municipal Code.

(i)

The sheriff will conduct an investigation of the applicant's business and moral character, the results of which will determine his recommendation to the board of supervisors as to approval or disapproval of the application for license.

(Ord. 1984-31 § 1, 1984: Ord. 1973-35 § 1 (part), 1973).

The board of supervisors reserves the right to refuse to grant any license provided for in this chapter or to revoke any such license when granted to any person, firm, association or corporation who is not of good moral character, or who conducts the business in a way that constitutes a violation of existing state and city laws and codes, or for any other or further cause the board of supervisors may, by majority vote, deem proper and in the best interests of the citizens of Carson City and the customers of said applicant.

(Ord. 1984-31 § 2, 1984: Ord. 1973-35 § 1 (part), 1973).

(a)

All agents or employees of the licensee must also comply with the requirements of Section 4.25.020 (a), (b), (c), (d), (e), (f) and (g) except that the investigation fee paid to the clerk will be ten dollars ($10.00).

(b)

Upon investigation of the prospective agent or employee by the sheriff, the clerk will issue a work permit that will be valid for one year until the anniversary date of the original permit issued.

(c)

The work permit may be renewed annually by reapplying to the clerk by presenting a statement from a licensed physician of the state of Nevada dated not more than ten (10) days prior to submission of the application certifying the applicant to be free of contagious, infectious or communicable disease. Unless the applicant's conduct, since the issuance of the initial permit, has been such as to be deemed a possible threat to the public good, the clerk will issue a current permit valid for the subsequent twelve-month period.

(Ord. 1984-31 § 3, 1984: Ord. 1973-35 § 1 (part), 1973).

Whenever an employee, or agents, of a transient facility child-tending agency reports to a rental business, to provide the requested service, that employee, or agent, will present to the management representative, and to the client, his or her work permit and any other valid and substantiating identification requested in order to positively establish the validity of the credentials.

(Ord. 1973-35 § 1 (part), 1973).

(a)

Those child-tenders who are called into the rental business by a representative of the management must possess a permit to perform this function and present it to the client when reporting to perform the service.

(b)

Excluded are individuals who perform child-tending services in a private residence as a self-employed person.

(Ord. 1973-35 § 1 (part), 1973).

It is hereby declared unlawful for anyone to conduct a business as herein described without first complying with the provisions of this chapter. Any such violation of this action shall be punishable as a misdemeanor.

(Ord. 1973-35 § 1 (part), 1973).

If any section, subsection, sentence, clause or phrase is, for any reason, held by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 1973-35 § 1 (part), 1973).

As used in this title, unless the context requires otherwise, the following words shall have the meanings set forth in this chapter.

1.

"Antiseptic" means an agent that destroys disease causing microorganisms on human skin or mucosa.

2.

"Approved" means any place, object or practice that conforms with principles, practices and generally recognized standards that protect public health, determined by the health authority.

3.

"Branding" means scarring, the skin or mucosa through the use of extreme heat or extreme cold.

4.

"Body piercing" means any method of piercing the skin or mucosa in order to place any object including, but not limited to, rings, studs, bars or other forms of invasive jewelry through the skin or mucosa.

5.

"Carson City board of county health" has the meaning ascribed to it in NRS 439.280.

6.

"Carson City health department" means the governing department of the Carson City health department as comprised under the authority of the Nevada Revised Statutes (NRS) Chapter 439.350.

7.

"Contaminated waste" means any liquid or semi-liquid blood, saliva, or other potentially infectious materials; contaminated items that would release blood or other infectious materials if compressed; items that are caked with dried blood or other infectious materials and are capable of releasing these materials during handling; contaminated sharps and pathological and microbiological wastes containing blood and other potentially infectious materials.

8.

"Gross incompetence" means a serious lack of knowledge of or ability to perform one's duty in a sanitary manner, or failure to comply with these regulations. It shall also mean any conduct which endangers the public's health or safety.

9.

"Handsink" means a lavatory used solely for washing hands, arms or other portions of the body.

10.

"Health authority" means the health officer of the Carson City health department or his or her designee.

11.

"Instruments used for invasive body decoration" means hand pieces, needle bars, and other instruments that may come in contact with a client's body fluid during the invasive body decoration procedure.

12.

"Invasive" means entry into the body either by incision or insertion of an instrument into or through the skin or mucosa, or by any other means intended to compromise the skin or mucosa.

13.

"Invasive body decoration" means any invasive technique used to permanently or semi-permanently adorn or decorate the body including, but not limited to, tattooing, body piercing, scarification, branding and other forms of skin or mucosal alteration.

14.

"Invasive body decoration establishment" means any place where invasive body decorations are performed.

15.

"Invasive body decoration operator" means any person performing invasive body decoration.

16.

"Permit" means written approval by the Carson City health department to operate an invasive body decoration establishment. Approval is given in accordance with these regulations and is separate from any other licensing requirements that may exist within communities or political subdivisions comprising Carson City.

17.

"Person" means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, limited liability company, association, trust or unincorporated organization.

18.

"Procedure surface" means any surface that contacts the client's unclothed body during an invasive body decoration procedure or any associated work area which may require sanitizing.

19.

"Sanitize" means a bactericidal treatment of cleaned surfaces by a process which has been approved by the health authority as being effective in reducing the number of microorganisms to a safe level.

20.

"Scarification" means any invasive procedure designed to permanently scar the body.

21.

"Sharps" means any object that is used for the purpose of penetrating the skin or mucosa including, but not limited to, needles, scalpel blades, razor blades and broken glass.

22.

"Single use" means products or items that are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, needles, scalpel blades, stencils, ink cups and protective gloves.

23.

"Sterilization" means destruction of all forms of microbiotic life, including spores.

24.

"Tattooing" means any method of placing ink, dye or other pigment into or under the skin or mucosa resulting in coloration of the skin or mucosa by the aid of needles or any other instruments used to puncture the skin.

25.

"Temporary invasive body decoration establishment" means any place or premises operating at a fixed location where an operator performs body art procedures for no more than fourteen (14) days consecutively in conjunction with a single event or celebration.

26.

"Under direct supervision of a physician" means employed by and working, in the office or clinic of a physician, with treatment ordered by the physician.

(Ord. 1998-4 §§ 2 (part), 3, 1998).

1.

It shall be unlawful for any person to operate an invasive body decoration establishment in Carson City, Nevada, without having first obtained a permit to operate that establishment from the health authority in accordance with the procedures hereinafter set forth.

2.

A physician, or a person working under the direct supervision of a physician, performing invasive body decoration procedures in the physician's office or clinic is exempt from these regulations.

3.

Individuals who pierce only ear lobes are exempt from these regulations. Ear piercing through the ear cartilage shall be performed only in an invasive body decoration establishment permitted under these regulations.

4.

Any person desiring to operate an invasive body decoration establishment shall make written application for a permit, on forms approved by the health authority, to the office of the health authority. Said forms shall contain, at a minimum, the following information:

a.

Full name of applicant;

b.

Home address of applicant;

c.

If a partnership, the name and home address of each of the partners;

d.

If a corporation, the name and home address of all officers and directors, managers and members and the name of its resident agent for the purpose of the service;

e.

The address of the proposed establishment, accompanied by a floor plan and specification of the establishment as it is proposed to be operated;

f.

The hours of operation;

g.

A complete description of all invasive body decoration procedures to be performed.

5.

All pre-operational inspections shall be conducted by the health department staff after permit fees have been paid.

6.

New permits shall be issued, existing permits shall be renewed annually, and shall be conditioned upon full compliance with these regulations. Maintenance of an invasive body decoration establishment permit is conditioned upon full compliance with these regulations. Permits may be revoked or suspended for violation of these regulations or gross incompetence in accordance with the procedures set forth in Section 4.30.100, infra.

7.

If all other requirements of these regulations have been met, the health authority shall issue a permit to the applicant after inspection and approval of the premises.

8.

The applicant shall pay an annual permit fee set by the health department.

9.

Permits shall be nontransferable from person to person or place to place. Permits must be posted in the permitted facility within full view for client and public information and shall not be altered or defaced in any way.

(Ord. 1998-4 §§ 2 (part), 4, 1998).

1.

The following information shall be kept on file on the premises of an invasive body decoration establishment and available for inspection by the health authority:

a.

The names of all invasive body decoration operators in the establishment and their exact duties, including the following information:

(1)

Full name;

(2)

Date of birth;

(3)

Gender;

(4)

Home address;

(5)

Home and work phone numbers;

(6)

Identification photos of all operators;

(7)

Establishment name;

(8)

Hours of operations; and

(9)

Owner's name, address and phone number.

b.

A complete description of all invasive body decoration procedures performed.

c.

Documentation of all instruments used for invasive body decoration, all sharps, and all inks used for tattooing, including names of manufacturers and serial or lot numbers, if available.

d.

Documentation of body jewelry used for invasive body decorations appropriate for the procedure including the correct size of jewelry and its metallic composition of surgical steel, 14k gold, niobium, and/or platinum for use during the healing period, including names of manufacturers and serial or lot numbers, if available.

e.

A copy of these regulations.

f.

Verbal and written public educational information, approved by the department, shall be available to all clients wanting to receive invasive body decoration(s). Verbal and written instructions, approved by the department for the care of the invasive body decoration(s) site(s), shall be provided to each client by the invasive body decoration operator upon completion of the procedure. The written instructions shall advise the client to consult a physician at the first sign of infection and contain the name, address and phone number of the establishment. These documents shall be signed and dated by both parties, with a copy given to the client and the operator retaining the original with all other required records. In addition, all establishments shall prominently display a disclosure statement, provided by the department, which advises the public of the risks and possible consequences of invasive body decoration services. The facility permit holder shall also post in public view the name, address and phone number of the health authority having jurisdiction over this program and the procedure for filing a complaint. The disclosure statement and the notice for filing a complaint shall be included in the establishment application packet.

g.

If such courses are available, proof of attendance at a bloodborne pathogen training program (or equivalent), approved by the department and/or demonstration of knowledge of the following subjects: i) anatomy; ii) skin diseases, disorders, and conditions; iii) bloodborne pathogens; iv) infectious disease control including waste disposal, hand washing techniques, and sterilization equipment techniques; v) facility safety and sanitation, knowledge of the above subjects may also be demonstrated through submission of documentation of attendance/completion of approved courses. A list of approved courses may be obtained through the health authority.

2.

It shall be unlawful for any person to perform invasive body decoration procedures unless such procedures are performed in an invasive body decoration establishment approved by the health authority.

3.

The invasive body decoration operator must be a minimum of eighteen (18) years of age.

4.

Smoking, eating or drinking is prohibited in the area where invasive body decoration is performed.

5.

The operator may decline to perform a procedure on any individual, including, but not limited to, someone whom the operator suspects to have a communicable disease, is violating familial agreements, desires a piercing that the operator feels may be dangerous to the patron's health. Invasive body decoration operators must refuse service to any person who is under the influence of alcohol or drugs.

6.

No person shall perform any invasive body decoration procedure upon a person under the age of eighteen (18) years without the consent and proper identification of a parent, custodial parent or guardian, or under the direct supervision of a physician. Nothing in this section is intended to require an invasive body decoration operator to perform any invasive body decoration procedure on a person under eighteen (18) years of age with parental or guardian consent.

(Ord. 1998-4 §§ 2 (part), 5, 1998).

1.

The invasive body decoration operator shall wear clean clothes and maintain good personal hygiene when performing invasive body decoration procedures. Before performing invasive body decoration procedures, the invasive body decoration operator must thoroughly wash his hands in hot running water with liquid, antimicrobial soap, then rinse his hands and dry with disposable paper towels.

2.

When performing invasive body decoration procedures, the invasive body decoration operator shall wear disposable medical gloves. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client. If, while performing an invasive body decoration procedure, the operator's glove is pierced, torn, or otherwise contaminated, the above-stated hand washing procedure shall be repeated immediately.

3.

Any item or other instrument used for invasive body decoration contaminated during the procedure shall be replaced before the procedure may resume.

4.

Contaminated waste which may release liquid blood or body fluids when compressed, or may release dried blood or body fluids when handled, must be contained in an appropriate "red" bag and labeled with the international biohazard symbol. It must then be disposed of by a waste hauler approved by the health authority. Waste which does not release liquid blood or body fluids when compressed, or does not release dried blood or body fluids when handled, may be contained in a covered receptacle and disposed of through normal, approved disposal methods. No contaminated waste shall be stored for more than seven (7) days.

5.

In the event of blood flow, all products used to check the flow of blood or to absorb blood, shall be single use and disposed of immediately after use.

6.

Before performing an invasive body decoration procedure, the skin and surrounding area where the invasive body decoration is to be placed, shall be washed with antimicrobial soap, or provodine iodine, depending on the type of body art to be performed. If shaving is necessary, safely razors with single service blades shall be discarded after each use and the reusable holder shall be autoclaved after each use. Following shaving, the skin and surrounding area will be washed with antimicrobial soap and the washing pad shall be discarded after a single use.

7.

Any skin or mucosa surface to receive an invasive body decoration procedure shall be free of rash, infection, or any other visible pathological condition.

8.

Skin of the invasive body decoration operator shall be free of rash, infection, or any other visible pathological condition.

9.

The invasive body decoration operator may ask the client if the client has a history of any blood borne infectious disease.

(Ord. 1998-4 §§ 2 (part), 6, 1998).

The invasive body decoration establishment shall keep a record of all persons who have had invasive body decoration. The record shall state the name, age, and address of the client, the date of the procedure, type and location of invasive body decoration, name of the invasive body decoration operator who performed the procedure, signature of the client, and if the client is a minor, proof of parental or guardian consent. Such records shall be retained for a minimum of two (2) years and available to the health authority upon request. The health authority shall keep such records confidential.

(Ord. 1998-4 §§ 2 (part), 7, 1998).

1.

All nondisposable instruments used for invasive body decoration shall be cleaned thoroughly after each use by scrubbing with an antimicrobial soap solution and hot water.

2.

After cleaning, all nondisposable instruments used for invasive body decoration shall be packed and sealed individually in paper peel-packs and sterilized. All paper peel-packs shall contain either a sterilizer indicator or internal temperature indicator.

3.

All instruments used in the invasive body decoration procedure shall be sterilized by one of the following methods:

a.

Autoclave (steam or chemical) sterilization must be registered and listed with the Federal Food and Drug Administration, used, cleaned and maintained according to manufacturer's instructions.

b.

Dry heat unit, registered and listed with the Federal Food and Drug Administration, used, cleaned and maintained according to the manufacturer's instructions.

c.

Single-use, prepackaged, sterilized equipment must be obtained from reputable suppliers or manufacturers. Such packages must contain a temperature strip or sterilizing indicator listed with the Federal Food and Drug Administration. Single-use items shall not be reused for any reason.

d.

Any other method approved by the Carson City health department.

4.

Each holder of a permit to operate an invasive body decoration establishment shall demonstrate that their sterilizer is capable of attaining proper spore destruction through an annual independent laboratory test. The permit shall not be issued or renewed until documentation of the sterilizer's ability to destroy spores is received by the health authority. Permanent records must be kept and made available to the health authority upon request.

5.

All instruments used during invasive body decoration procedures shall remain stored in sterile packages, and in clean, dry and covered containers. The containers must be kept in a clean cabinet reserved for the storage of such instruments. The instruments must remain in that cabinet, until assembly, prior to performing an invasive body decoration procedure. When assembling instruments used for invasive body decoration procedures, the operator shall wear disposable medical gloves and use techniques to ensure that the instruments and gloves are not contaminated.

6.

All supplies shall be stored in clean, dry and covered containers.

7.

All inks, dyes, pigments, and decorations shall be specifically manufactured for invasive body decoration procedures and shall not be adulterated with other additives.

(Ord. 1998-4 §§ 2 (part), 8, 1998).

1.

Single use items shall not be used on more than one (1) client for any reason. After use, all needles, razors and other sharps shall be immediately disposed of in approved sharps containers.

2.

All invasive body decoration stencils shall be single use and disposable.

(Ord. 1998-4 §§ 2 (part), 9, 1998).

1.

Establishments which exist prior to the effective date of these regulations and which have deficiencies in premises and physical facilities must comply with this section within one (1) year of the effective date of these regulations. New facilities must comply fully at the date of the certificate of occupancy sign-off.

2.

All walls, floors, and ceilings in the immediate operation area, and all procedure surfaces of an invasive body decoration establishment, shall be smooth, light-colored, and washable. Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces shall be cleaned and sanitized after each client.

3.

There shall be a minimum of forty-five (45) square feet of floor space for each invasive body decoration operator in the establishment. Each establishment shall have an area which may be screened from public view for clients requesting privacy.

4.

The establishment shall be well-ventilated and provided with an artificial light source equivalent to at least twenty (20) foot candles three (3) feet off the floor, except that at least fifty (50) foot candles shall be provided at the level where the invasive body decoration procedure is being performed, and where instruments and sharps are assembled.

5.

No animals of any kind shall be allowed in an invasive body decoration establishment except service animals used by persons with limitations.

6.

A handsink with hot and cold running water tempered by a mixing valve or combination faucet, liquid antimicrobial soap, and disposable paper towels shall be readily accessible within the invasive body decoration establishment. One (1) handsink shall serve no more than three (3) invasive body decoration operators. There shall be a minimum of one (1) handsink, excluding any service sinks, in an invasive body decoration establishment.

7.

At least one (1) covered waste receptacle for contaminated waste and at least one (1) covered waste receptacle for all other waste shall be provided in each invasive body decoration area.

8.

If reusable cloth items are used they shall be changed after each client. Reusable cloth items shall be mechanically washed with detergent and dried. The cloth items shall be stored in a dry, clean environment until used.

(Ord. 1998-4 §§ 2 (part), 10, 1998).

1.

During hours of operation, the health authority shall be permitted access to the invasive body decoration establishment as often as necessary, to determine compliance with these regulations.

2.

No person shall refuse entry or access to any representative of the health authority upon presentation of appropriate credentials, who requests to inspect any property, premises or place at which any invasive body decoration establishment is located for the purpose of ascertaining compliance with these regulations. No person shall obstruct, hamper or interfere with any such inspections.

(Ord. 1998-4 §§ 2 (part), 11, 1998).

1.

Permit Suspension.

a.

Whenever the health authority finds an unsanitary condition, or other condition in the operation of the invasive body decoration establishment which, in his judgment, constitutes a substantial hazard to the public health, he may without warning, notice, or hearing suspend the permit. All invasive body decoration operations must be immediately discontinued. The health authority shall immediately issue and serve a written order specifying the deficiencies upon which the suspension is based. Any person to whom such an order is issued shall comply with it immediately. Upon written petition to the health authority, the permit holder must be afforded a hearing within ten (10) days.

b.

Any person whose permit has been suspended may, at any time, make application for a reinspection for reinstatement of the permit within ten (10) days following receipt of a written request. The written request shall include a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected. The health authority shall make a reinspection. If the applicant is in compliance with the requirements of these regulations, the permit shall be reinstated.

2.

Permit Revocation.

a.

For serious or repeated violations of any of the requirements of these regulations or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Before taking such action, the health authority shall notify the permit holder in writing, of the reasons upon which revocation of the permit is sought, and advising the permit holder of the requirements for filing a request for a hearing.

b.

The health authority may permanently revoke a permit after ten (10) days following service of the notice unless a request for a hearing is filed with the health authority by the permit holder within said ten (10) days.

c.

The health authority may combine a permit holder's suspension and revocation hearing.

3.

Hearing-Procedures.

a.

The hearings provided for in this section must be conducted by the Carson City board of county health at a time and place designated by him. Based upon the record of the hearing, the Carson City board of county health shall make a finding and may sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision must be furnished to the permit holder by the Carson City board of county health within ten (10) days. The decision of the Carson City board of county health is final.

b.

Service of notices and orders shall be made by either one of the following:

(1)

By personal service on the permit holder(s);

(2)

By registered or certified mail addressed to the permit holder(s) at their invasive body decoration establishment. Service shall be completed at the time of deposit into the United States mail.

c.

At the time and place stated in the suspension and/or revocation of permit hearing the Carson City board of county health shall hear and consider all relevant evidence, objections, or protests, shall receive sworn testimony of owners, witnesses, health department personnel, and interested persons. The hearing may be continued from time to time.

d.

All hearings held shall be recorded by a video or audio recording device unless the health department chooses to use a court reporter. The hearings need not be conducted according to technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a Nevada court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant or unduly repetitious evidence shall be excluded.

(Ord. 1998-4 §§ 2 (part), 12, 1998).

Pursuant to NRS 439.410 and 439.580, any person violating any of the provisions of these regulations, shall be guilty of a misdemeanor. No staff member who acts as an investigator or inspector regarding an invasive body decoration establishment may take any part in the hearing of a suspension or revocation regarding such establishment, except as a witness.

(Ord. 1998-4 §§ 2 (part), 13, 1998).

1.

A temporary demonstration permit may be issued by the health authority for educational or convention purposes only. The permit may not exceed fourteen (14) calendar days. A notice approved by the health authority, must be posted at the location where the temporary demonstration permit will be used.

2.

A person who wishes to obtain a temporary demonstration permit must submit the request in writing for review by the health authority, at least fourteen (14) days prior to the event. The request shall specify:

a.

The purpose for which the permit is requested.

b.

The period of time during which the permit is needed.

c.

That the invasive body decoration operator has a current health certification to practice invasive body decoration, or must be affiliated with a fixed location or permanent facility which, where applicable, is permitted by the appropriate local/state jurisdiction to perform invasive body decoration procedures. The applicant must present satisfactory evidence of this to the health authority.

d.

The location where the temporary demonstration permit will be used.

3.

The area in which to operate the procedures must:

a.

Be within a completely enclosed facility.

b.

Be in compliance with all applicable sections of these regulations.

4.

The invasive body decoration operator must demonstrate evidence of a spore test performed on sterilization equipment within thirty (30) days of the date of the event or only single use, prepackaged, sterilized equipment obtained from reputable suppliers or manufacturers will be allowed.

5.

The invasive body decoration operator must have the ability to properly clean and sanitize the area used for invasive body decoration procedures.

6.

The facility requested to be used by the invasive body decoration operator must be inspected by the health authority and a permit must be issued prior to the performance of any invasive body decoration procedures.

7.

All of the establishment and operator permits, as well as the disclosure notice, must be posted in clear view of patrons.

8.

Temporary demonstration permits issued under the provisions of these regulations may be suspended by the health authority for failure of the holder to comply with the requirements of these regulations.

(Ord. 1998-4 §§ 2 (part), 14, 1998).

If any provision of these regulations or any application thereof to any person, thing or circumstances shall be held invalid in a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of applications to the extent that they can be given affect.

(Ord. 1998-4 §§ 2 (part), 15, 1998).

As used in this chapter, the following words shall have the meanings described in this section, unless the context clearly indicates otherwise:

1.

"Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or similar product, or any combination thereof, in water, as set forth in NRS 369.010.

2.

"Board" means the Carson City Liquor Board which is composed of the board of supervisors and the sheriff.

3.

"Brew Pub" means:

a.

An establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230; and

b.

Complies with the definition of "brew pub" set forth under CCMC Title 18.

4.

"Brewery" means an establishment which manufactures malt beverages but does not sell those malt beverages at retail, as set forth in NRS 369.180.

5.

"Business License Division" means the business license division of the Carson City Community Development Department.

6.

"Craft Distillery" means an establishment which:

a.

Manufactures distilled spirits from agricultural raw materials through distillation; and

b.

Is authorized to sell those distilled spirits pursuant to the provisions of NRS Chapter 597.

7.

"Dining Room" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which have suitable kitchen facilities connected therewith complying with all regulations of the departments of health of the city and state.

8.

"Director" means the director of the department of Community Development.

9.

"Hearings Officer" means an official appointed by the Carson City Liquor Board, who shall exercise such powers and duties as are described by this chapter.

10.

"Intoxicating Liquor" means the four varieties of liquor: alcohol, spirits, wine and beer, and every liquor or solid, patented or not, containing one-half of one percent (0.50%) or more of alcohol by volume, and is intended for consumption by human beings as a beverage; and is synonymous with "liquor" as also defined in this chapter.

11.

"License" means any license issued pursuant to this chapter.

12.

"Liquor" means 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 (0.50%) or more by volume which is used for beverage purposes.

13.

"Liquor Caterer" means a person who dispenses, serves, or sells alcoholic beverages by the drink only for consumption on the premises where the alcoholic beverages are dispensed. The liquor caterer's services must be performed between diverse locations on a shifting and intermittent basis as opposed to a permanent location; and the location of the premises where such alcoholic beverages are dispensed is disclosed to the licensing authority three (3) working days prior to the occurrence of the same.

14.

"Liquor Manager" means the person who is responsible for the day to day operations of liquor sales at the licensed location and is responsible for enforcing the liquor license rules and regulations. A Liquor Manager is not required to be the on site manager of the licensed location.

15.

"Packaged Liquor" means the sale of unopened liquor in its original container in a package by the licensee at the premises specified in the license for consumption off the licensee's premises.

16.

"Person" means any individual, firm, association, partnership, corporation, or other entity.

17.

"On Premise" means an establishment with a liquor license for the consumption of liquor at the business location where the liquor license is held.

18.

"Owner" means the person, firm or corporation on file with the Business License Division who holds the liquor license.

19.

"Retail" means the sale of liquor by the package, bottle or drinks to consumers.

20.

"Tavern" means any bar, cocktail lounge, or club, with or without live or recorded entertainment, and with or without dancing.

21.

"Wine" means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or other agricultural products containing sugar, as set forth in NRS 369.140.

22.

"Wholesale Liquor" means the sale and delivery of liquor, which must be packaged in original sealed or corked containers, to any licensee for the purposes of resale.

23.

"Wholesale Dealer" means a person licensed to sell liquor as it is originally packaged to retail liquor stores or to another licensed wholesaler, but not to sell to the consumer or general public, as set forth in NRS 369.130.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

The board shall meet as often as its business requires at scheduled times at the beginning, during, or immediately following a meeting of the board of supervisors.

2.

Four or more members of the board shall constitute a quorum and each member shall have one vote. A majority vote of the members present shall be necessary to authorize the issuance of any license or to transact any other business.

3.

In the event of a tie vote, the matter being voted upon shall not carry.

4.

All members of the board shall serve without additional compensation.

5.

The mayor shall serve as the board chair.

6.

The city clerk shall serve as the clerk of the board.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

The board shall regulate and control the sale or disposition of intoxicating liquors by:

a.

Appointing a hearings officer authorized to grant or deny applications for licenses and who may impose conditions, limitations or restrictions upon licenses pursuant to the provisions of this chapter;

b.

Considering appeals of hearings officer decisions pursuant to Section 4.13.102 of this chapter;

c.

Suspending or revoking any license when, in the opinion of a majority of the board after hearing, there exists sufficient reason therefor. In an emergency the board may immediately suspend or limit a license until a hearing can be conducted;

d.

Prohibiting the employment or service of minors in the sale or disposition of liquor;

e.

Prohibiting the sale or disposition of liquor in places where, in the judgment of the liquor board, such sale or disposition may tend to create or constitute a special law enforcement problem or a public nuisance;

f.

Fixing fees and procedures for the collection of fees for licenses as well as investigation fees;

g.

Fixing the hours of each day during which liquor may be sold or disposed of;

h.

Prescribing the conditions under which liquor may be sold or disposed of.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

A hearings officer shall be appointed by formal action of the board;

2.

The hearings officer is entitled to no extra compensation for the hearings officer duties;

3.

The hearings officer shall have the power and duty to study, review, approve, disapprove or approve with conditions all liquor license applications;

4.

The hearings officer may elect to forward an application to the board for its consideration within the timeframe outlined in Section 4.13.100 (3) under the following circumstances:

a.

A conflict of interest is determined to exist; or

b.

The sheriff has recommended denial of the license based on the applicant's background investigation; or

c.

A hearing before a quorum of the board would be more appropriate; or

d.

An applicant is requesting a new license after revocation of a previously held license pursuant to Section 4.13.150(6).

5.

Where this chapter indicates the hearings officer process may be used, the decision of the hearings officer is final unless appealed to the board in accordance with Section 4.13.102 (Appeals).

(Ord. No. 2017-8, § I, 4-20-2017)

It shall be unlawful for any person knowingly to sell or to hold for sale or offer for sale to any person any liquor within Carson City without first procuring and paying for a license as provided for in this chapter. Failure to obtain a license, or to serve or sell liquor without a license, as outlined in this section shall be considered a misdemeanor violation and subject to associated penalties and fines pursuant to Chapter 1.08 of this title.

(Ord. No. 2017-8, § I, 4-20-2017)

For the privilege of holding a liquor license in Carson City, the City shall have the right to set application fees, license fees, administrative fees, investigation fees and any other fees necessary to administer this Title. These fees shall be set and amended by approval of the board and will be contained in a fee schedule maintained by the Business License Division.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

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

a.

Tavern/bar liquor licenses;

b.

Dining room with beer and wine liquor licenses;

c.

Dining room with "liquor" liquor licenses;

d.

General wholesale liquor licenses;

e.

Packaged liquor licenses;

f.

Extra bar at a licensed location liquor license, (permanent wet bar);

g.

Liquor catering license;

h.

Combination package and "on premise" liquor license.

i.

Brew pub liquor license;

j.

Brewery liquor license;

k.

Craft distillery liquor license.

2.

Any license required by this chapter is a separate and distinct license from all other city licenses and liquor 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.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

Application for any license provided in this chapter must be made to the hearings officer by affidavit on the form provided by the Business License Division.

2.

Each application must:

a.

Be filed with the Business License Division;

b.

Be accompanied by the investigation fee as provided in this chapter;

c.

Be accompanied by all fees, except the annual license fee, as required by this chapter;

d.

Include the name and address of the person or persons to whom the liquor license will be issued and the name of any additional natural person who will serve as the liquor manager. If the applicant is:

(1)

A partnership, the application must include the names and addressees of all partners, and if one of the partners will not be serving as the liquor manager, the name and address of one or more natural persons who will serve as the liquor manager.

(2)

A corporation, association, or other organization, the application must include the names and addresses of the chief executive officer, any other officer or employee who is responsible for directing the day to day sale of liquor in Carson City and one or more natural persons who will serve as the liquor manager and the principal place of business of the corporation;

e.

Specify the class or classes of license sought;

f.

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

g.

Be signed by all persons who are listed on the application for the liquor license. In the case of corporations, clubs or organizations with members, the application must be verified by the president or secretary and any natural person who is listed as a liquor manager; and

h.

Include a sworn affidavit signed by the person listed as the liquor manager which states that all employees serving and/or selling liquor will complete a server training course acceptable to the Sheriff's Office within one hundred twenty (120) days of obtaining a license.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

As a condition to receipt of a liquor license, each applicant for a license and each person added to an existing license shall submit to a background investigation to be conducted by the Sheriff. No investigation is required for a person who holds a current license and is seeking:

a.

A transfer of a license to another location;

b.

An additional liquor license for another location; or

c.

An additional class license; if an investigation has been completed.

2.

No background investigation is required for wholesale dealers that conduct business, but do not have a physical business location, in Carson City, provided that the wholesale dealer submits proof of a valid liquor license in the county where its primary business is located, and the proposed liquor manager is the same as the liquor manager on the license submitted for proof from the county where its primary business is located.

3.

Each applicant for a liquor license shall pay an investigation fee to the Business License Division at the time of filing the application or when the investigation is required. If more than one individual must be investigated, the first individual will be subject to the full investigation fee, and each additional individual will be subject to a reduced fee. A change in liquor managers for an existing liquor license will be subject to a reduced investigation fee. Once an investigation has begun the fee is nonrefundable.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

The sheriff shall, where applicable, as a part of the investigation of an application for a liquor license:

a.

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

b.

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;

c.

Report the results of the investigation to the Business License Division.

2.

The sheriff may, as a part of the investigation:

a.

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

b.

Require the applicant or applicants to answer any and all questions deemed appropriate and necessary by 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 establishment applying for a liquor license.

3.

The investigation must 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.

(Ord. No. 2017-8, § I, 4-20-2017)

The Health Department, where applicable, must inspect the premises wherein 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 must be stated.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

After completion of the investigation by the sheriff and where applicable, the inspection by the Health Department, the Business License Division shall cause the application to be placed upon the agenda for consideration by the hearings officer.

2.

The applicant or applicants or their authorized representative must appear before the hearings officer at the appointed time for approval or denial of the license. Wholesale dealers are exempt from this requirement provided they submit proof of a valid liquor license in the county where their primary business is located, and the proposed liquor manager is the same as the liquor manager on the license submitted for proof from the county where its primary business is located.

3.

The hearings officer shall make a determination on the application within 30 days of the completion of the investigation.

4.

The annual license fee required pursuant to Section 4.13.110 of this chapter is due upon the approval of the issuance of the license.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

Any applicant or any aggrieved party may file an appeal as specified in this section provided that the appellant has participated in the administrative process prior to filing the appeal.

2.

A decision by the hearings officer may be appealed by the applicant or any aggrieved party to the board following the procedures in Subsection 6 of this section. In the case where an administrative citation is being appealed pursuant to Section 4.13.150(8) and (10) for first and second offenses only, the citation shall be appealed to the hearings officer.

3.

The board may affirm, modify or reverse the decision of the hearings officer. A decision by the board is final. Except as otherwise provided in NRS 369.200, any appeal of a board decision shall be made to a court of competent jurisdiction.

4.

The board shall render its decision of the appeal within 60 days of the submittal of a complete appeal application unless the appellant waives this time requirement.

5.

All appeal hearings must be conducted at a meeting for which notice is given in accordance with the state open meeting law contained in NRS Chapter 241, where applicable.

6.

Procedure for Filing an Appeal.

a.

All appeals must be filed in writing with a letter of appeal to the director.

b.

The letter of appeal must be submitted within 10 days of the date of the hearings officer's decision for which an appeal is requested.

c.

The appeal letter must include the appellant's name, mailing address, daytime phone number, email address, and relationship to the applicant.

d.

The letter must specify the application and/or decision for which the appeal is being requested. The letter must indicate which aspects of the decision are being appealed. No other aspect of the appealed decision will be heard.

e.

The letter must provide the necessary facts or other information that support the appellant's contention that the hearings officer erred in his decision.

f.

Issues not addressed in the hearing before the hearings officer for an application which is being appealed may not be raised as a basis for the appeal unless there is substantial new evidence which has become available accompanied by proof that the evidence was not available at the time of the hearing. If new information is submitted to the board, the application may be referred back to the hearings officer for further review and action.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

Each application for a new license, additional location for liquor service, or to add a person or persons to an existing license must be accompanied by the following appropriate fee.

2.

The license application fee shall be refunded if the application is denied. If the applicant does not go into the business of selling, dispensing or serving liquor, a 50 percent refund may be requested if given to the Business License Division in writing within 90 days of approval of the license.

3.

An application for a change in the active manager does not require a license application fee.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

The license and renewal fees for the liquor license classes pursuant to Section 4.13.050 shall be contained in the fee schedule maintained by the Business License Division. License and renewal fees are non-refundable and are required to be paid to obtain or retain a license to sell liquor.

2.

License fees for new licenses will be prorated on a monthly basis, based on a fiscal calendar year from July to June.

3.

All liquor license fees not paid on or before July 1 of each year will be deemed delinquent and will be subject to a penalty as outlined in Subsection 5. For purposes of this subsection, if July 1 falls on a Saturday, Sunday or holiday, then the fees will be due the next business day.

4.

A license for which the liquor license fee has not been paid within 30 days of the due date shall be deemed expired and will no longer authorize the sale of alcohol. Notwithstanding any other provision of law, a license expired pursuant to this subsection will not be reinstated until the penalty fee as outlined in Subsection 5 has been paid in addition to the regular license fee.

5.

A penalty fee of 50 percent of the annual license fee shall be paid in addition to any current license fees due for both delinquent and expired licenses pursuant to Subsections 3 and 4.

(Ord. No. 2017-8, § I, 4-20-2017)

An updated application must be filed with the Business License Division within 30 days after the occurrence of one of the following events:

1.

Death of a person licensed pursuant to this chapter;

2.

In the case of a corporate licensee, any change in the officers of a corporation listed on the application for a liquor license pursuant to this chapter; or

3.

Any change in the person responsible for directing the day to day sales of liquor in Carson City.

In the event of a change in liquor managers, approval by the hearings officer pursuant to Section 4.13.035 is required.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

Except as otherwise provided in Subsection 2, a liquor license is not transferable or assignable between any two persons or entities (including partners), nor are any persons other than those listed on the license authorized to conduct the business.

2.

If the business for which a liquor license has been issued is sold, the buyer may operate the business under the seller's liquor license for up to 90 days under the following conditions:

a.

The buyer of the business must apply for a liquor license as provided by this chapter within seven days of the purchase of the business; and

b.

A written agreement, executed by buyer and seller must be submitted to the Business License Division at the time of application submittal stating:

(1)

That the seller and buyer agree that the buyer may operate the business under the seller's liquor license; and

(2)

That the seller, as the holder of the license under which buyer may operate, agrees to remain liable for any violation of this Chapter.

3.

The following changes may be made to an existing liquor license:

a.

Change in liquor managers with approval of the hearings officer pursuant to Section 4.13.035;

b.

Transfer to a location other than the location on the initial license application if an application to transfer the license is submitted with an appropriate fee to the Business License Division and approved by the hearings officer. An application to transfer is not subject to investigation or payment of investigation fees. Once transferred, a liquor license is not longer valid at the former location.

4.

It is unlawful for any person to sell, serve or dispense liquor in any building or room not designated in the license or encroachment permit for an area occupying the public right-of-way adjacent to the business pursuant to Section 4.13.210.

5.

If a liquor license holder voluntarily relinquishes a license, the license can be reissued within one year, without the assessment of an additional application fee, upon approval of the hearings officer. An appropriate fee will be assessed for investigative and administrative costs.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

The hearings officer or the board if an application is forwarded pursuant to Section 4.13.035 herein, may grant or deny the application for a liquor license or place conditions on a license to ensure compliance with this chapter and other applicable laws and regulations. Conditions of approval may include, but not be limited to, the payment of delinquent City fees, fines or taxes prior to the issuance of the license. A denial must be based upon a finding that any applicant for any license, whether made by an individual, partnership, or corporation, is unsuitable for the issuance of a liquor license.

2.

The following persons are unsuitable for the issuance of a liquor license:

a.

A person who has been convicted within the past five years of:

(1)

A felony or other crime which under the laws of this state would amount to a felony.

(2)

Any crime of which fraud or intent to defraud was an element whether committed in this state or elsewhere.

(3)

Larceny in any degree.

(4)

Buying or receiving stolen property.

(5)

Unlawful entry of a building.

(6)

A gross misdemeanor, or equivalent conviction in another state, or unlawful possession, use, or distribution of controlled substances or dangerous drugs.

(7)

Illegal use of a dangerous weapon.

(8)

Operating a motor vehicle while under the influence of liquor and/or controlled substances or dangerous drugs.

(9)

Contributing to the delinquency of a minor.

(10)

A gross misdemeanor or equivalent conviction in another state, of battery, domestic battery or similar offense.

b.

A person who has intentionally falsified information on, or omitted information from, a liquor license application within the past five years.

c.

A person under the age of 21 years.

d.

A person who is in arrears in child support payments unless proof of an approved payment plan or similar arrangement is produced and approved to the satisfaction of the hearings officer.

e.

A person whom the hearings officer or board determines is not a suitable person to receive a liquor license under the provisions of this Chapter, having due consideration for the proper protection of public health, safety, morals, good order and general welfare of the inhabitants of the City.

f.

Except any elected Carson City officer or any member of the Carson City Board of Supervisors, a Carson City employee who oversees or enforces the rules and regulations of liquor licenses shall not have any involvement with, interest in, or management of any establishment that possesses a liquor license.

3.

If an application for a liquor license is denied, the applicant thereof shall be notified in writing of the reason or reasons therefore.

(Ord. No. 2017-8, § I, 4-20-2017)

All officials involved in the license process and deputy sheriffs of Carson City 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.

(Ord. No. 2017-8, § I, 4-20-2017)

It is the duty of the director, his officers, and all officials charged with the issuance of licenses, and/or those with police powers, to enforce the provisions herein. Such enforcement power includes, but is not limited to:

1.

Issue citations;

2.

Serve notices of correction;

3.

Issue orders of suspension or limitation;

4.

Prohibit unlawful business activities;

5.

Prevent activities in contravention of the licensing ordinances;

6.

Require findings of suitability;

7.

All other duties relating to licensing enforcement as provided herein.

(Ord. No. 2017-8, § I, 4-20-2017)

Any of the following conditions or occurrences are grounds for disciplinary action against a licensee for any of the following violations done either personally or through an agent, servant or employee:

1.

Failure of the licensee to promptly pay a fee required or fine issued pursuant to this chapter;

2.

Any act or failure to act by the licensee or its 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 Carson City criminal ordinance, including selling or dispensing of liquor not purchased from a state-licensed wholesale dealer pursuant to NRS 369.487;

3.

Any violation of the terms or conditions of a license;

4.

Any misrepresentation made in an application for a liquor license;

5.

Employment of any person under the age of 21 years in the business of selling or otherwise disposing of liquor, except when such person is 17 years old or older selling or disposing of packaged liquor only and working under direct supervision of a responsible person who is 21 years or older and is physically present on the premises;

6.

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, or which fosters the maintenance of a disorderly house or place;

7.

Refusal or neglect to comply with any provisions of this chapter;

8.

Selling or giving away liquor to any person under the age of 21 years;

9.

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

The board shall have the power to recommend to the State Department of Taxation the temporary suspension or permanent revocation of a license for any one of the above acts or omissions, pursuant to NRS 369.230.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

The board may on its own motion, upon recommendation of the sheriff, or the director upon the sworn complaint in writing of any person, investigate the conduct of any licensee under this chapter to determine whether grounds for disciplinary action of a licensee exist. The board, sheriff, or the director may request the assistance of the licensee in such an investigation.

2.

After an investigation, if it appears that a ground for disciplinary action exists, the liquor board shall issue and cause to be served on the licensee an order to show cause why disciplinary action should not be taken. Said order must contain:

a.

A statement directing the licensee or licensee's representative to appear before the board at a time and place set out therein which must be not less than ten days from the date of service of said order to show cause on the licensee;

b.

A brief statement of the grounds for disciplinary action;

c.

A statement that the licensee shall have an opportunity to be heard, present witnesses and confront any witnesses against him.

3.

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 registered mail with return receipt to the place of business of the licensee, which is specified in the license.

4.

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.

5.

Within 30 days after the hearing, the board must render its decision as to disciplinary action and give notice thereof to the licensee. A majority of those members present at the hearing must agree in order to direct a disciplinary action.

6.

Except for a license expired pursuant to 4.13.110, any person who has had a license revoked may reapply for a license after six months after the revocation order, but a new license may only be issued by an unanimous decision of all members of the board.

7.

Disciplinary action is the procedure taken by the board to conduct hearings regarding whether a licensee is in violation of applicable law, and the action which may be imposed by the board pursuant to the hearings, which action consists of imposing the penalties set forth in Paragraph 8 of this section.

8.

Penalties that may be imposed upon a licensee by the board for criminal citations issued within any 12 month period that are related to the sale of liquor at the licensed premises:

a.

First offense, if the person violating the criminal statute is issued a citation by the sheriff, the sheriff shall notify the Business License Division of the name of the person to whom a citation was issued and the location, date and time of the offense. The holder of the liquor license for the location at which the criminal citation was issued will be notified within three business days by registered mail, sent by the Business License Division, or personal service noting the name of the person to whom a citation was issued and the location, date and time of the occurrence. The holder of the liquor license will be issued an administrative citation in the amount of $100.00 and alcohol server training will be required within three months of the issuance of the citation for all employees selling, dispensing, or serving liquor that have not attended the training or equivalent training within the last year. A list of all employees selling, dispensing, or serving liquor that have attended alcohol server training must be submitted to the Business License Division within 30 days of completion of the training.

b.

Second offense, if the person violating the criminal statute is issued a citation by the sheriff, the sheriff shall notify the Business License Division of the name of the person to whom a citation was issued and the location, date and time of the offense. The holder of the liquor license will be notified within three business days by registered mail, sent by the Business License Division, or personal service noting the name of the person to whom a citation was issued and the location, date and time of the occurrence. The holder of the liquor license for the location at which the criminal citation was issued will be issued an administrative citation in the amount of $500.00 and alcohol server training will be required within three months of the issuance of the citation for all employees selling, dispensing, or serving liquor that have not attended the training or equivalent training within the last year. A list of all employees selling, dispensing, or serving liquor that have attended alcohol server training must be submitted to the Business License Division within 30 days of completion of the training.

c.

Third offense, if the person violating the criminal statute is issued a citation by the sheriff, the sheriff shall notify the Business License Division of the name of the person to whom a citation was issued and the location, date and time of the offense. The holder of the liquor license will be notified within three business days by registered mail, sent by the Business License Division, or personal service noting the name of the person to whom a citation was issued and the location, date and time of the occurrence. The holder of the liquor license shall also be notified within three business days by registered mail or personal service that they must attend a hearing before the hearings officer. The hearings officer may issue a fine of $1,000.00 for a third offense to the holder of the liquor license and also may suspend, revoke or place conditions upon the liquor license.

d.

Emergency suspension, if the person violating the criminal statute has been issued four or more criminal citations within any 12 month period related to the sale of liquor at the licensed premises, the sheriff, his designee, or the board may suspend the liquor license of the license holder until the next meeting of the board pursuant to the provisions of Section 4.13.160.

e.

The board shall have the right to suspend or revoke summarily any license in cases appearing to it to be of an aggravated and flagrant violation of law, pursuant to NRS 369.280.

9.

The holder of a liquor license upon whom a fine or other discipline has been imposed pursuant to Subsection 8 may file an appeal pursuant to Subsections 10 or 11 or shall pay the fine within 30 days of the date the fine is imposed. If the holder of the liquor license fails to file an appeal pursuant to Subsections 10 or 11 and fails to pay the fine within 30 days of the date the fine is imposed, the holder of the liquor license shall be notified within three business days by registered mail or personal service that they must attend a hearing before the board for a show cause hearing as to why the liquor license should not be revoked pursuant to CCMC 4.13.140 for failure to pay a fine issued pursuant to this chapter.

10.

A holder of a liquor license upon whom a fine has been imposed pursuant to Paragraph a. or b. of Subsection 8 may file, in writing, not more than 10 days after the fine has been imposed, a request for an appeal with the Business License Division pursuant to Section 4.13.102. If the Business License Division receives an appeal pursuant to this subsection, the Business License Division shall schedule a show cause hearing for the matter before the hearings officer. The holder of the liquor license shall be notified by registered mail or personal service by the Business License Division that they must attend the scheduled hearing before the hearings officer. The hearings officer may overturn the issuance of an administrative citation if the hearings officer determines that the administrative citation was not issued to the proper holder of the liquor license for the establishment where the criminal violation occurred or that the holder of the liquor license met the duty required pursuant to CCMC 4.13.170 to provide continuing training to the employees of the holder of the liquor license and the criminal violation occurred nonetheless. If the hearings officer sustains the imposing of the fine, the holder of the liquor license shall pay the fine within 30 days of the date the hearings officer sustains the imposition of the fine. If the holder of the liquor license fails to pay the fine within 30 days of the date the fine is sustained, the holder of the liquor license shall be notified within three business days by registered mail or personal service that they must attend a hearing before the board for a show cause hearing as to why the liquor license should not be revoked pursuant to Section 4.13.140 for failure to pay a fine issued pursuant to this chapter.

11.

A holder of a liquor license upon whom a fine or other discipline has been imposed pursuant to Paragraph c. of Subsection 8 may file, not more than 10 days after the fine or other discipline has been imposed, a request for an appeal with the Business License Division pursuant to Section 4.13.102. If the Business License Division receives an appeal pursuant to this paragraph, the Business License Division shall schedule a show cause hearing for the matter before the board. The holder of the liquor license shall be notified by registered mail or personal service by the Business License Division that they must attend the scheduled meeting before the board. The board may overturn or modify the fine or other disciplinary action imposed by the Hearings Officer if the board determines that the hearings officer improperly determined that the administrative citation was issued to the proper holder of the liquor license for the establishment where the criminal violation occurred or that the holder of the liquor license did not meet the duty required pursuant to Section 4.13.170 to provide continuing training to the employees of the holder of the liquor license and the criminal violation occurred nonetheless or that the fine or other disciplinary action imposed by the Hearings Officer was arbitrary or capricious. If the board sustains the imposing of the fine or other discipline, the holder of the liquor license shall pay any fine imposed within 30 days of the date the board sustains the imposition of the fine. If the holder of the liquor license fails to pay the fine within 30 days of the date the fine is sustained, the holder of the liquor license shall be notified within three business days by registered mail or personal service that they must attend a hearing before the board for a show cause hearing as to why the liquor license should not be revoked pursuant to Section 4.13.140 for failure to pay a fine issued pursuant to this chapter.

12.

The hearings officer shall hold public hearings at such times as are necessary to carry out the duties of the hearings officer set forth pursuant to the provisions of this section. The hearings officer shall be charged with performing all functions necessary and incidental to making the final determination, including, addressing appeals relating to first and second offense citations and conducting hearings related to third offense citations, hearing evidence, and issuing any other necessary orders pursuant to the powers given to the hearings officer. The hearings officer shall conduct the hearing fairly, evaluate evidence and issue binding decisions.

13.

The hearings officer shall prepare and present to the board, with the assistance of the Business License Division, an annual activity report in January of every year, which includes the disciplinary actions and penalties resulting from the hearings officer's decisions and the Administrative Citation process.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

Notwithstanding any of the provisions of this chapter, the sheriff, his designee, or the board may without prior notice suspend a license if:

a.

Four or more criminal citations are issued within any 12 month period related to the sale of liquor at the licensed premises; or

b.

The sheriff, his designee, or the board can determine that the continued operation of the licensed premises constitutes a clear and immediate threat to the health, safety and welfare of the residents of Carson City.

2.

When a suspension occurs pursuant to Subsection 1 of this section, the suspension shall remain in effect until the next meeting of the board, subject to the requirements of Chapter 241 of the Nevada Revised Statutes. If the show cause hearing cannot be heard by the board within 10 days of suspension, the licensee can file a written request with the Carson City Clerk requesting a special meeting of the board for the show cause hearing.

3.

If the sheriff issues a suspension pursuant to Subsection 1, neither himself nor his designee may participate in any vote taken at the subsequent show cause hearing.

4.

If a license is summarily suspended, the sheriff shall send a written order of suspension, certified mail return receipt requested, within three business days of the suspension to the licensee at the mailing address listed on the liquor license or shall deliver the written order of suspension by personal service. The order of suspension must set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating the action. The order must also be posted in a conspicuous place at the licensed premises within one business day of issuance.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

Any employee of a holder of a liquor license who serves or dispenses alcohol shall complete alcohol server training within 30 days of employment.

2.

A holder of a liquor license shall establish a continuing program of training for employees of the holder who serve or dispense alcohol in compliance with all applicable laws related to the sale of alcohol, including, but not limited to, the prohibition on the sale of alcohol to persons under the age of 21 years.

(Ord. No. 2017-8, § I, 4-20-2017)

It is unlawful for any minor to have in his or her possession within Carson City any liquor of any type or kind.

(Ord. No. 2017-8, § I, 4-20-2017)

1.

It is unlawful for any licensee or his agent or employee to sell, serve, give away, or otherwise provide liquor to any person under the age of 21 years or to allow or permit any person under the age of 21 years to possess or consume liquor in or upon the licensed premises.

2.

Any person who knowingly and willfully violates the provisions of this section shall be guilty of a misdemeanor and shall be punished by imprisonment in the city jail for not more than six months, or by a fine of not more than, $1,000.00 or by both such fine and imprisonment.

3.

In any criminal prosecution or in any proceeding for disciplinary action against a liquor licensee based upon violation of this section, proof that the defendant licensee, or his agent or employee, demanded and was shown, immediately prior to providing liquor to a person under the age of 21 years, bona fide documentary evidence of age and identity of the person, issued by a federal, state, county or municipal government, or subdivision or agency thereof, containing the name, birth date, and photograph of the person, is a defense to the prosecution or proceeding for the suspension or revocation of a liquor license.

(Ord. No. 2017-8, § I, 4-20-2017)

Unless a specific condition is placed on a liquor license by the board, liquor may be sold or disposed of at any hour of the day.

(Ord. No. 2017-8, § I, 4-20-2017)

"Short-term permit" means a permit for selling, serving, or dispensing liquor at a special event.

"Special Event Liquor permit" means a permit for selling, serving, or dispensing liquor at a special event.

(Ord. 1980-27 § 1, 1980: Ord. 1978-30 § 1 (part), 1978).

(Ord. No. 2009-27, § X, 12-17-2009; Ord. No. 2011-7, § XIV, 9-1-2011)

A Special Event liquor permit may be issued for a maximum period not exceeding five consecutive days.

(Ord. 1999-23 (part), 1999: Ord. 1981-1 § 1, 1981: Ord. 1980-27 § 2, 1980: Ord. 1978-30 § 1 (part), 1978).

(Ord. No. 2011-7, § XV, 9-1-2011)

1.

Application for a Special Event liquor permit shall be made by affidavit on the form provided by the Business License Division at least 14 days prior to the date for which the permit is sought.

2.

If liquor will be sold in any portion of the city's rights-of-way or on the sidewalk, the application must be accompanied by evidence of Liquor Liability insurance coverage in the amount of $1,000,000.00 per occurrence stating the specific event and date, and list the City of Carson City, its officers, employees and agents as additionally insured.

3.

The fee for a Special Event liquor permit is $20.00 per day. Special Event liquor permit fees cannot be waived for any applicant and are non-refundable. Special Event liquor permit fees are in addition to Special Event permit fees.

4.

All liquor sold, served, or dispensed at a Special Event must be purchased from and invoiced from a State of Nevada licensed liquor wholesaler pursuant to NRS 369.487.

5.

A Special Event liquor permit is not required in the following situations:

a.

Business or resident is serving, selling, or dispensing liquor within the footprint of their building or home as a complimentary service to their customers or guests and such limited right is not used to avoid complying with liquor license or related zoning requirements.

b.

A current liquor license holder serving, selling, or dispensing liquor within the footprint of the licensed parcel number or address of the business location.

(Ord. 2008-25 § 14, 2008; Ord. 1999-23 (part), 1999: Ord. 1981-1 § 2, 1981: Ord. 1978-30 § 1 (part), 1978).

(Ord. No. 2009-27, § XVII, 12-17-2009; Ord. No. 2011-7, § XVI, 9-1-2011)

1.

The approval of a Special Event liquor permit shall require the unanimous approval of the director, sheriff, planning director, city engineer, fire chief, risk manager, and health director and may impose such conditions upon the permit as deemed necessary and proper.

(Ord. 2008-25 § 15, 2008; Ord. 1999-23 (part), 1999: Ord. 1978-30 § 1 (part), 1978).

(Ord. No. 2011-7, § XVII, 9-1-2011)

Any applicant for a Special Event liquor permit who fails to obtain unanimous approval of the sheriff, planning director, fire chief, health director, city engineer, and risk manager, or is dissatisfied with the conditions imposed upon a permit which is approved, shall have the right, and shall be informed of his right, to appear before the liquor board for its consideration. In the event, a Special Event liquor permit is denied, any fees paid will not be refunded.

(Ord. 1999-23 (part), 1999: Ord. 1078-30 § 1 (part), 1978).

(Ord. No. 2009-27, § XVIII, 12-17-2009; Ord. No. 2011-7, § XVIII, 9-1-2011)

A violation of the terms of this chapter is a misdemeanor, and any person convicted thereof shall be punished as provided in Section 1.08.010 of this code.

(Ord. 1984-14 § 2, 1983: Ord. 1978-30 § 1 (part), 1978).

If any clause, sentence, section, provision or part of this chapter shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not invalidate, impair or affect the remainder of this chapter.

(Ord. 1978-30 § 1 (part), 1978).