This chapter shall be known and may be cited as the ELKO BUSINESS LICENSE CODE. (Ord. 507, 5-26-1998)

For the purpose of this chapter, unless the context otherwise requires, the following words shall have the meanings set forth in this chapter:

   AUCTION SALE: A sale of property by public outcry to the highest bidder.

   AUCTIONEERS: Any person who shall by public outcry, sell or offer to sell to the highest bidder at public offering, any goods, merchandise, livestock, real estate or interest in real estate, security or any personal property at any place within the City where any and all persons who choose to do so are permitted to attend and offer bids; or any person who shall advertise or in any other manner hold himself out as an auctioneer for public patronage.

   BUSINESS: Any commercial enterprise, trade, occupation, calling, profession, vocation or activity conducted by any person, or the person's agent or employee, for the purpose of gain, benefit or advantage, either direct or indirect.

   CITY: City of Elko.

   CITY COUNCIL: Elko City Council.

   COMMERCIAL RENTAL PROPERTY: Any rented or leased nonresidential unit or units of commercial or industrial property.

   COMMERCIAL TRAVELER: Any person traveling either by foot, motor vehicle, or any other type of conveyance, from business to business, taking or attempting to take orders for the sale of goods for future delivery to said business for their use or resale by them in the normal course of their business.

   COMMUNICATION/UTILITY COMPANY: Any business that provides gas, geothermal and/or electric power, telecommunication services, broadband access and/or services, cable television communication services or telephone/telegraph communication services.

   EMPLOYEE: A person in the service of another under any appointment or contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.

   ESTABLISHMENT: Any business conducted in or upon any premises, including any buildings, improvements, equipment and facilities used or maintained in connection with such business.

   FARMER'S MARKET: A special event that primarily features booths, tables or stands where vendors sell unprocessed fruits, vegetables, meats, dairy products and non-alcoholic beverages.

   FARMER'S MARKET VENDOR: A business that operates a physical retail market featuring foods sold directly to consumers at a farmer's market.

   FIXED PLACE OF BUSINESS: The premises within the City limits where a business is conducted from day to day and regularly kept open for the purpose of conducting business. The term "regular place of business", as used in this chapter, has the same meaning as "fixed place of business".

   GOODS: Personal property that can be sold, including merchandise and wares.

   GROSS REVENUES: The total amount of revenues received in the business of offering any service.

   GROSS SALES RECEIPTS: A. The total amount received from the sale of goods within the Municipal boundaries of the City, regardless of the destination of the goods; and

   B.   The total amount charged or received for the performance of any act, service or employment of any nature, whether or not such service, act or employment is performed as part of or in connection with the sale of goods.

   HOME OCCUPATION: A business customarily carried on in a business establishment that is permitted to be carried out in a residence as long as the use as a business is incidental to the primary residential purpose and the residential character of the property is not changed.

   HOME SALES PARTY: A party or social gathering held at a residence for the purpose of selling merchandise to the attendees.

   INDEPENDENT CONTRACTOR: A person who provides service to another for remuneration, is conclusively presumed to be an "independent contractor" for State wage and hour purposes pursuant to Nevada Revised Statutes 608.0155 and is not an "employee" as that term is defined in this section.

   LICENSE FEE: Any monies required by law to be paid to obtain or renew a business license.

   PERSON: Except where otherwise indicated, a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a sole proprietorship, limited liability company, corporation, partnership, association, trust or unincorporated organization, or a government, governmental agency or political subdivision of a government.

   RESIDENTIAL RENTAL PROPERTY: Any rented or leased residential unit or units, excluding commercial or industrial property. Residential rental houses, duplexes, triplexes, apartment houses, hotels, boarding and rooming houses are all included within this definition.

   RETAIL BUSINESS: Every business conducted for the purpose of selling or offering for sale any goods, other than as a part of a "wholesale business", as defined in this section.

   SOLICITOR OR PEDDLER: Any person traveling either by foot, motor vehicle, or any other type of conveyance, from place to place, or from house to house, or from street to street, taking or attempting to take orders for the sale of goods of any nature whatsoever for future delivery, or for services to be furnished or performed in the future; or carrying, conveying or transporting goods, offering and exposing the same for sale.

   SPECIAL EVENT: An organized event, whether indoor or outdoor: a) that is held on public property or streets, non-profit organization property, or non-residential private property; b) that can reasonably be expected to cause a public gathering; c) where two (2) or more vendors are present or where the public is charged admission for entry; and d) that is not part of the normal course of business at the location.

   TEMPORARY MERCHANT: Any person who engages in a temporary business of selling and delivering goods or providing services; and who may, in furtherance of such purposes, hire, lease, use or occupy any building, structure, tent, room in a hotel, shop or other place for the exhibition and sale of such goods or the provision of such services, either privately or at public auction.

   TRAVELING SHOW: Any circus, carnival, concert, exhibition or any show intending to exhibit in the open air or under a tent, in a public or private hall, club room, assembly hall or theater where moveable scenery, theatrical equipment or props are used in a performance or exhibition.

   UNIT: A unit of commercial or residential rental property is any separate rental space (whether within a building or ground space) of commercial, industrial or residential property.

   VENDOR: Any person offering goods and/or services for sale to the public.

   WHOLESALE BUSINESS: Every business conducted solely for the purpose of selling goods in wholesale lots to retail merchants for resale. (Ord. 831, 6-26-2018)

   A.   Required: It shall be unlawful for any person or persons, either directly or indirectly, to conduct or commence any business, trade, calling, profession or occupation or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, in the City without first procuring a business license and keeping said license in effect at all times in compliance with this chapter.

   B.   Fixed Place Of Business Required; Exception: A business license shall be issued only if the applicant has a fixed place of business from which the business will be conducted, unless specifically stated otherwise in this title. Once the license is issued, the licensee shall not engage in business from any other premises other than the one for which the license was issued, excluding "service oriented" professionals.

   C.   Responsibility For Compliance: The agents or other representatives of any absentee person who is doing business in the City shall be personally responsible for the compliance of their principals and of the business they represent within this chapter, without relieving their principal of such responsibility.

   D.   Business License Types:

      1.   Regular Business License: All businesses not defined below shall require a regular business license.

      2.   Apartment Business License: Every person in the business of conducting an apartment house shall obtain a business license.

      3.   Hotel, Motel, Boarding And Rooming House Business License: Every person in the business of conducting the business of renting rooms shall obtain an annual business license.

      4.   Mobile Home Park, Trailer Park Business License: Every person in the business of conducting the business of renting spaces for mobile homes and/or trailers shall obtain an annual business license.

      5.   Childcare License: Every person in the business of providing childcare services, including, but not limited to, those operating a childcare facility, childcare center or childcare group home as defined by Nevada Revised Statutes, shall obtain an annual business license.

      6.   Residential Facility For Groups License: Every person in the business of providing a residential facility that furnishes food, shelter, assistance and limited supervision to any aged, infirm, mentally retarded or handicapped person as defined in Nevada Revised Statutes section 449.017 shall obtain an annual business license.

      7.   Communication/Utility Company Business License: Every person in the business of selling gas and/or electric power, cable television services or telephone communication services shall obtain an annual business license. (Ord. 517, 9-8-1998)

      8.   Residential Rentals Property: Every person, firm, corporation, or association in the business of renting or leasing of three (3) or more residential rental units shall obtain an annual business license.

      9.   Commercial Rentals Property: Every person, firm, company, corporation or association in the business of renting or leasing of two (2) or more commercial rental units shall obtain an annual business license. (Ord. 531, 8-24-1999)

Every person required to procure a business license under the provisions of this chapter shall submit an application to the City Clerk or his/her designee.

   A.   Information Required: The application shall require, at least, the following information:

      1.   The name of the person to whom the license is to be issued.

      2.   The location for which the license is sought.

      3.   The type or kind of business to be conducted under this license.

      4.   The dates when the license is proposed to become effective.

      5.   The signature of the owner of the property, if other than the applicant.

      6.   Supplemental child support information as required by the State.

      7.   Proof of licensing and/or certification of the state permitting the business, where applicable.

      8.   Proof of an approved inspection by the State Health Department, where applicable.

      9.   Proof of approval to conduct business by the State Department of Taxation.

      10.   Verification by the following City departments that the fixed place of business has met all applicable Building and Fire Codes and has met all applicable zoning requirements:

         a.   Building Department;

         b.   Fire Marshal;

         c.   Planning Department.

   B.   State License Required: No license to conduct any business or occupation in the City which is regulated and/or licensed under any provision of the Nevada Revised Statutes shall be issued unless and until the appropriate State licenses have been obtained.

   C.   Confidentiality: All business license applications filed pursuant to the provisions of this section shall be confidential and shall not be subject to public inspection. It shall be the duty of the City Clerk to preserve and keep the applications so that the contents thereof may not become known except to the person charged with the administration of this chapter. (Ord. 507, 5-26-1998)

The City Clerk shall have the right and power to approve or deny all applications for a business license.

   A.   Conditions For Denial: An application for a business license shall be denied if the City Clerk determines that any one or more of the following exists:

      1.   The application contains false, fraudulent or misleading material statement or information; or

      2.   The business for which the license is applied for is unlawful under any ordinance, code, rule or law of the City, State or Federal government; or

      3.   The business for which the license is applied for involves any act, the commission of which is made unlawful or is prohibited by any ordinance, rule, code or law of the City, State or Federal government; or

      4.   The applicant is indebted to the City for any unpaid license fee.

   B.   Notification Of Denial: Upon any denial of an application for a business license, the City Clerk or his/her designee shall notify the applicant in writing and state the reason(s) for the denial. Such notification shall be delivered to the applicant personally or by mail at the address indicated on the application.

   C.   Approval; Fee, Issuance: Upon approval of an application for a business license, the City Clerk or his/her designee shall collect the appropriate business license fee and issue the business license.

   D.   Appeal: Every applicant denied a business license by the City Clerk shall have the right to appeal the decision to the City Council. (Ord. 517, 9-8-1998)

   A.   Validity: No license shall be valid except for the location and owner for which the original application therefor was made and the license issued.

   B.   New Business Location: In such cases that a business changes location, however does not change the ownership or character of the business, the licensee may apply to transfer the existing business license to the new location. Verification by the following City departments that the new place of business has met all applicable Building and Fire Codes and has met all applicable zoning requirements is required prior to approval:

      1.   Building Department;

      2.   Fire Marshal;

      3.   Planning Department.

   C.   New Business Owner: In such cases that a business is sold to or assumed by a new owner, the new owner must make application for a business license. (Ord. 517, 9-8-1998)

   A.   Charitable Organization: No business license fee shall be required of any institution, corporation, organization or association organized for charitable civic purposes.

   B.   Nonprofit Organization: No business license fee shall be required of any nonprofit organization so registered with the Secretary of State of the State of Nevada.

   C.   Commercial Traveler: No business license shall be required of any "commercial traveler", as defined in section 4-1-2 of this chapter.

   D.   Home Sales Parties: No business license shall be required of any person hosting a "home sales party", as defined in section 4-1-2 of this chapter.

   E.   Residential And Commercial Rentals: No business license is required for a person who owns a residential or commercial rental if the rental is managed by a person who holds a City business license as a State licensed property manager.

   F.   Farmer's Market Vendors: No business license fee shall be required for a farmer's market vendor at a farmer's market. (Ord. 831, 6-26-2018)

   A.   Regular Business License Fees; Examples:

      1.   Rates Established: Unless exempted by the provisions of section 4-1-7 of this chapter, the rates or amounts of business license fees for all businesses and professions shall be established by resolution of the City Council. The rates shall be established based on the yearly gross sales receipts or revenues of the business or profession, unless the rate is established by some other method as set forth in this chapter. In the case of businesses making sales and rendering services, the gross revenue from both sales and services shall be considered the equivalent of gross sales.

      2.   Examples: The following are examples of businesses and professions whose business license fees shall be established based on yearly gross sales or revenues; however, the list is for elaboration purposes only and is not intended to be an all inclusive list. The list of examples is as follows:

      Accountant

      Amusement machines

      Amusement park

      Animal kennels

      Appraisers

      Architects

      Arts

      Attorneys

      Automobile, bicycles sales and repairs/rentals

      Bail bond broker

      Barbershops

      Beauty parlors

      Bond securities

      Bookstores

      Bricks and adobe sale and manufacturing

      Building and loan associations

      Building maintenance

      Building supplies

      Buses

      Business machines and supplies

      Cabinet or carpentry shops

      Car wash

      Childcare

      Chiropodist

      Chiropractor

      Clothing stores

      Coin operated amusement machines

      Collection, finance and insurance agencies

      Computer sales and services

      Concrete and cement products

      Consultants

      Contractors

      Convalescent homes

      Cosmetologist

      Crafts/hobby shops

      Dairies and ice cream parlors

      Dance teachers

      Dealer in gasoline, motor fuel and/or oil

      Delivering

      Dental laboratories

      Dentist

      Department stores

      Detective service

      Diesel/motor vehicle fuel sales

      Doctor

      Drive-up

      Eating establishments

      Engineer

      Engineers, civil

      Engineers, mining

      Entrepreneur

      Equipment leasing

      Equipment rentals

      Express companies

      Exterminator

      Fabric shops

      Finance companies

      Florist

      Fuel oil sales

      Funeral homes and cemeteries

      Furniture stores

      Garage (auto repair and supplies)

      General repair shop

      Gift and novelty shop

      Grocery store/food products

      Grooming shops (animal)

      Hardware stores

      Health studios

      Hospital supplies and clinics

      Hospitals

      Hotel dining rooms

      Hypnotist

      Ironworks

      Janitorial service

      Jewelry stores

      Jukeboxes

      Junk dealers

      Laundries and laundromats

      Leather goods and services

      Linen rental services

      Loan agent

      Machine shops

      Massage parlors

      Medical facilities

      Medical labs

      Microfilming

      Mobile food vendors

      Mortician

      Motion picture production

      Music machines

      Music teachers

      New/used shops

      Newspapers/publishers

      Nonresident

      Paint store

      Pawnshops

      Pest control

      Pet shops

      Petroleum products

      Photographers and studios

      Physicians

      Public transportation

      Recycling companies

      Residential facility for groups

      Restaurants

      Sales

      Sales of musical instruments

      Sales, repairs and rental

      Service machines

      Service stations (auto)

      Shoe stores and repair shops

      Skating rink

      Slot machines sales and repairs

      Soft drink sales and bottling plants

      Spas

      Sporting goods store

      Stage lines

      Stockbroker

      Subcontractors

      Surgeons

      Tailoring and dressmaking

      Taxies

      Teachers

      Television sales and services

      Upholstery shops

      Vending machines

      Veterinarians

      Wedding chapels

      Welding shops

      Yard maintenance

   B.   New Business; No Gross Established: If, at the time of filing an application for a business license, no sales or services have been made or performed by the applicants, the applicant shall pay the minimum fee established by resolution of the city council.

   C.   Apartment Business License Fees: The business license fee shall be established by resolution of the city council and shall be based upon the number of apartment units, whether or not the person conducting such business is a resident of the city.

   D.   Hotel, Motel, Boarding And Rooming House Business License Fees: The business license fee shall be established by resolution of the city council and shall be based upon the number of rooms.

   E.   Mobile Home Park, Trailer Park Business License Fees: The business license fee shall be established by resolution of the city council and shall be based upon the number of spaces.

   F.   Utility Business License Fees: The business license fee shall be established by resolution of the city council and shall be based on gross sales, but shall include a maximum fee. (Ord. 517, 9-8-1998)

   G.   Residential Rental Property License Fee: The business license fee for residential rental property shall be established by resolution of the city council and shall be based upon the number of residential rental units.

   H.   Commercial Rental Property License Fee: The business license fee for commercial rental property shall be established by resolution of the city council and shall be based upon the yearly gross receipts or revenues of the commercial rental property units. (Ord. 531, 8-24-1999)

   A.   When Payable: All regular business license fees shall be paid in full in advance upon the original issuance of the business license and annually thereafter at the office of the city clerk in legal currency of the United States.

   B.   Daily License: Daily licenses provided in this chapter shall be due and payable in advance. The daily license shall cover a period of twelve o'clock (12:00) midnight to twelve o'clock (12:00) midnight of the next day.

   C.   Penalty:

      1.   If any license provided for by this chapter is unpaid for more than thirty (30) days after the due date, a penalty of twenty five percent (25%) of the annual fee shall be added and collected by the city clerk or his/her designee.

      2.   If any license provided for by this chapter is unpaid for more than sixty (60) days after the due date, a penalty of fifty percent (50%) of the annual fee shall be added and collected by the city clerk or his/her designee.

   D.   City Attorney To Bring Suit For Delinquent License: The city council may at any time direct the city attorney to bring a civil action in the name of the city for the recovery of the applicable business license fee against any person who engages in, conducts or carries on any business, game, profession or exhibition for which a license is required by the provisions of this chapter without procuring such license and paying the prescribed license tax.

   E.   Refunds: All licenses shall be issued for the period of time set forth in this chapter and no licensee shall be entitled to a refund of any portion of the fee paid by reason of the termination of the licensed activity prior to the expiration of the time for which the license was issued. (Ord. 540, 10-5-2000)

   A.   Application For Renewal: One month before the expiration date of any business license, the city clerk or his/her designee shall send a business license renewal application to all businesses licensed in the city. The application and appropriate business license fee must be returned to the city clerk's office prior to the expiration date of the business license. Failure to notify any licensed business shall not be held to waive the requirement to file a renewal application or pay the license fee, and the actual receipt of such notice is in no way required.

   B.   Second Notice: One month after the expiration date of any license, the city clerk or his/her designee shall send a second notice and include an assessment of the twenty five percent (25%) penalty on the reported gross revenues.

   C.   Third, Final Notice: Two (2) months after the expiration date of any license, the city clerk or his/her designee shall send a third and final notice and include an assessment of the fifty percent (50%) penalty.

   D.   Expiration Beyond Sixty Days: All expired licenses in excess of sixty (60) days' delinquency shall be served with a notice of such penalty and intent of city to publish in the local newspaper as operating without a business license in accordance with the provisions set forth in this chapter.

   E.   Service Of Notice: A notice of delinquency shall be served upon a licensee by delivery to the person at the business premises licensed, if the person is present. If the person is not present, service may be made by delivery to the person in actual charge of the premises at the time of service. If the business is closed, service may be made by mailing by certified mail with return receipt requested, the same to the person at the mailing address for the business as the same is shown on the current business license and by posting upon the front door. Delivery is effective upon a date of delivery or posting and mailing, as the case may be.

   F.   Report Of Gross Revenues Of The Business Required:

      1.   Where the license fee for a renewed business license is calculated upon the gross revenues of the business, the applicant must state, under oath, the amount of business in terms of gross revenues which he did in the preceding year.

      2.   In the case of business making sales and rendering services, the gross revenue from both sales and services shall be considered the equivalent of gross sales.

      3.   The city clerk or his/her designee may examine or cause to be examined, the books and accounts of any business required to file a renewal application for the purpose of verifying the amount of gross receipts reported for such business.

      4.   Any person who wilfully files a false statement of gross sales/receipts shall be guilty of a misdemeanor and punishable as hereinafter in this code provided.

   G.   Issuance Of Business License By City Clerk: Upon approval of the application for renewal of a business license, and upon collection of the appropriate business license fee, the city clerk or his/her designee shall issue the business license to the applicant. (Ord. 540, 10-5-2000)

The city clerk shall keep in his/her office, a record of all licenses issued with the name or names of all parties to whom the license was issued, the business name, the type, trade or profession license, the date for which said license was issued, the date of its expiration, and the amount of license fee received. (Ord. 540, 10-5-2000)

   A.   Duties Of Licensee: Every licensee under this chapter shall:

      1.   Ascertain and at all times comply with all federal, state, county and/or municipal laws, ordinances and regulations applicable to such licensed business.

      2.   Prominently display the business license in licensee's place of business.

      3.   Permit all reasonable inspections of his business and examination of his books by public authorities so authorized by law.

      4.   Avoid all unlawful, improper or unnecessary acts, practices or conditions in the conduct of his business which do or may affect the public health, morals or welfare or constitute a public nuisance.

      5.   Refrain from operating the licensed business in the city after expiration of the license or in such cases where the license is revoked, canceled or suspended.

   B.   Enforcement Duties: The city clerk, chief of police, city attorney, and the regularly appointed police officers of the city shall enforce compliance with this chapter.

      1.   Chief Of Police Additional Duties: In addition to any other duties set out herein, the chief of police and his authorized representative may enter any place of business, trucks, vehicles or other conveyances used for any business purpose to ascertain whether or not the proper license has been issued and paid for allowing the person to engage in business in the city.

      2.   City Clerk Additional Duties: In addition to any other duties prescribed in this chapter, the city clerk or his/her designee shall:

         a.   Make diligent inquiry and examination as to all person required to obtain a business license and pay a fee therefor; and

         b.   Maintain a city license register, in which shall be entered the names of all persons to whom licenses are issued, the business, trade or profession licensed, the time for which the license is valid, the date of its issue, the date of its expiration, and the fee therefor; and

         c.   Request city council permission for an audit of any person or business in the city, said audit to be performed by a qualified certified public accountant to be appointed by the city; and

         d.   Make a written report of all persons who have failed to obtain a license and pay the fee prescribed therefor, as provided in this chapter, and issue a delinquency notice for a penalty; and

         e.   Report to the city attorney the name of the delinquent person or persons if the fee and penalty are not paid within thirty (30) days from the date of the notice.

      3.   City Attorney Additional Duties: In addition to any other duties prescribed in this chapter, the city attorney may institute an action against all persons operating without a valid business license under title 1, chapter 3 of this code.

   C.   Inspection Authority Of City Personnel: The city clerk, building official, fire marshal, city planner and the chief of police, and their respective designees, are authorized to make all investigations reasonably necessary for the enforcement of this chapter and shall have the authority to inspect licensees, their business records or premises to determine and enforce compliance with this chapter. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without a search warrant, at all reasonable times, the following premises:

      1.   Those for which a license is required.

      2.   Those for which a license was issued and which, at the time of inspections, are operating under said license.

      3.   Those for which the license has been revoked, canceled or suspended. (Ord. 540, 10-5-2000)

   A.   Authority: Any business license issued pursuant to the provisions of this chapter may be suspended, canceled or revoked for good cause by the city council.

   B.   Included Cause: Good cause for such suspension, cancellation or revocation shall include, but is not limited to:

      1.   The existence of unsanitary conditions, noise, disturbances or other conditions at, near or in the premises which causes or tends to create a public nuisance or which may injuriously affect the public health, safety or welfare.

      2.   The commission of, or permitting or causing the commission of, any act in the operation of the business which is prohibited by any ordinances, rule or law of the city, state or federal government.

      3.   Fraudulent practices and misrepresentation in the operation of the business.

      4.   Concealment or misrepresentation in procuring the business license.

      5.   The business for which the license has been issued is unlawful or is prohibited by any ordinance, code, rule or law of the city, state or federal government.

      6.   The license was issued by mistake or is in violation of any of the provisions of this chapter.

      7.   The premises used to conduct said business has been condemned, declared a fire hazard or declared unsafe for business occupancy pursuant to applicable building and fire codes.

      8.   The use of the premises for the business license violates the zoning ordinances or regulations of the city. (Ord. 507, 5-26-1998)

Any business license issued pursuant to the provisions of this chapter may be suspended, canceled or revoked in the manner provided in this section.

   A.   Authority: The city clerk may reject any application or cancel or, after notice to the licensee, may revoke any license of a person who operates or maintains a place of business in violation of any ordinance of the city or violation of any state or federal law, or who does not first secure any required federal state or city license.

   B.   Notice: Notice of the proposed suspension, revocation or cancellation shall be made to the licensee not less than five (5) days prior to the effective date of the suspension, revocation or cancellation. Such notice shall be served as provided in subsection 4-1-10E of this chapter, and shall include the reason for the action and shall provide for a hearing before the city manager, at which time, the proposed action to suspend, revoke or cancel shall be approved or denied.

   C.   Appeal Hearing: The licensee may submit a letter of appeal of the city manager's action to suspend, revoke or cancel a business license to the city council within ten (10) days of the action at which time the city council shall proceed as follows:

      1.   The city council may, on its own motion or initiative, or upon complaint of any person, institute proceedings to suspend, cancel or revoke a business license.

      2.   Notice of intent to suspend, cancel or revoke said license shall be mailed to the person holding the business license at the last address as shown on the application or on any supplemental application.

      3.   Such notice shall set forth the alleged reasons for the proposed suspension, cancellation or revocation.

      4.   The licensee shall, within ten (10) days of the date of mailing of the notice of intent, or within ten (10) days of a decision by the city manager to suspend, revoke or cancel a license, file with the city clerk a written answer to the notice or a written notice of appeal.

      5.   After receipt of the written answer from the licensee, or written notice of appeal, the city council shall fix a day and time for a hearing at which the licensee shall be given an opportunity to be heard. (Ord. 540, 10-5-2000)

   A.   A criminal action shall be governed by title 1, chapter 3 of this code.

   B.   Each day a business is operated without a license shall constitute a separate offense for which criminal liability may be imposed. Notwithstanding any grace periods or notice requirements of this chapter, the city may prosecute an action for violation of this chapter at any time if a business owner is operating without properly paid for and issued business license. (Ord. 540, 10-5-2000)

   A.   Application: Every person conducting the business of a solicitor, temporary merchant and/or peddler in the city shall make application in writing for a business license.

   B.   Contents Of Application: Such application shall contain and set forth the following:

      1.   The name of the business.

      2.   The kind or type of sales.

      3.   The place where the sales are to occur.

      4.   The number of days for which the license should be issued.

      5.   The names of the persons owning or operating said business.

      6.   Written permission from the private property owner where the business is to be conducted, if applicable.

      7.   Make of vehicles to be used, a description of same, together with the license plate number or other means of identification, if applicable.

      8.   Proof of approval to conduct business by the state department of sales tax.

      9.   Proof of an approved inspection by the state health department, where applicable.

      10.   Approval by the police department.

      11.   Approval by the planning department.

   C.   Police Department Approval:

      1.   An applicant for a license under this section must file with the chief of police, at the same time as filing the above referenced application with the city clerk, a sworn application in writing on a form to be furnished by the chief of police. In addition to the application, fingerprinting of the applicant may be required.

      2.   At time of filing the application with the chief of police, an investigation fee shall be paid by the applicant to the chief of police. Such fee shall be set by resolution of the city council.

      3.   The police department shall perform a background investigation of the applicant's criminal history and moral character as they deem necessary for the protection of the public good. Such investigation may include, but is not limited to, employment history, criminal record and any other pertinent information or documents required by the police department or city clerk.

      4.   If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall deny approval of the application and shall notify the applicant that his application is denied.

      5.   In such case where the applicant is denied a business license, the investigation fee shall not be refunded.

   D.   Planning Department Approval: Outdoor sales shall not interfere with circulation or parking of vehicles in any required parking area.

An applicant for a license under this section must file a detailed site plan of the property with the city planning department for review prior to obtaining a license. The site plan must include the following:

      1.   All existing buildings and/or structures.

      2.   Location and configuration of existing parking area(s).

      3.   Size and location of the proposed display area.

      4.   Number of parking spaces displaced by the display area.

   E.   Idaho Street Restriction: Solicitors, temporary merchants and/or peddlers shall not be allowed to display, sell or solicit merchandise for sale within the Idaho Street right of way or within one hundred feet (100'), measured from the centerline of the Idaho Street right of way, on either side where there are no curb and gutter improvements.

      1.   Exception: An applicant may request a reduction of the required setback of one hundred feet (100') from the centerline of Idaho Street subject to the following:

         a.   Applicant must demonstrate the means and method(s) to control ingress/egress to the property; and

         b.   Applicant must demonstrate the means and methods to provide that all parking and backing movements will be conducted on the property; and

In no case shall the reduction of the required setback encroach within the Idaho Street right of way.

   F.   Advertising: The applicant shall not use off premise or directional signage.

   G.   Removal Upon Vacation: Any space occupied by a temporary merchant must be completely cleared of all paraphernalia associated with the use as well as all dirt or litter upon termination or vacation.

   H.   Conditional Use Permit: Temporary merchants who intend on displaying merchandise for sale within the City for a period in excess of thirty (30) days within any calendar year must first secure a conditional use permit pursuant to the provisions of section 3-2-18 of this Code.

   I.   Business License Fee: Each solicitor, temporary merchant and/or peddler, upon issuance of a business license, shall pay a license fee as established by a resolution of the City Council. The business license fee shall be based on the number of days the business is to be conducted. Solicitors, temporary merchants and/or peddlers shall display at all times of operation, all applicable permits, approved site plan and City business license.

   J.   City Park Restriction: No business license shall be issued for business to be conducted within any City owned park and/or adjoining rights-of-way, including, but not exclusively, streets, curbs, gutters or parks unless allowable under the special events license provisions, sections 5-12-1 and 5-12-3 of this Code, or operating with a City concessionaire agreement.

   K.   Revocation: Failure to comply with any of the provisions of this Code shall be cause for the immediate revocation of the license and shall be cause for a twelve (12) month waiting period prior to reapplication. (Ord. 704, 3-24-2009)

   A.   Application: Every organizer/sponsor of a special event must apply to the City Clerk's Office for a special event vendor business license. In the event there are two (2) or more organizers/sponsors of a single special event, the organizers/sponsors shall jointly apply for the special event vendor business license.

   B.   Issuance: The City Clerk shall issue a special event vendor business license to the organizer/sponsor of a special event on behalf of the participating vendors upon approval of the application. The special event vendors business license may only be issued after the following criteria have been met:

      1.   No special event vendor business license shall be issued for any special event held on City-owned property, including public rights-of-way, unless approved by the City Council pursuant to section 8-11-2 of this Code.

      2.   A special event vendor business license will be issued only after the organizer/sponsor has provided a list of all participating vendors to the City Clerk's Office, which list shall be appended to and incorporated into the license.

   C.   No Fee Required For Certain Vendors: A vendor listed on a special event vendors business license shall not be required to pay a license fee if the vendor: 1) operates a place of business that is physically located within the City or 2) normally conducts peddling operations or sales as a normal or seasonal part of the vendor's business; provided, vendors that are subject to either of the foregoing exceptions must obtain all other required business licenses and pay all other required license fees for their operations or sales prior to the special event. Vendors that are entitled to the foregoing exceptions shall be so identified on the license application.

   D.   Discretion Of Organizer/Sponsor Of Event: This section shall not be interpreted as restricting the lawful discretion of the organizer/sponsor of any special event to determine which vendors may or may not participate.

   E.   Special Event Vendor Business License Fee: Except as otherwise provided in this chapter, each vendor participating in a special event that is required to obtain a special event vendor business license shall pay a fee to the City in an amount established by resolution of the City Council. All fees required pursuant to this subsection shall be collected from the vendors by the organizer/sponsor(s) of the special event and shall thereafter be paid to the Office of the City Clerk at the time the license application is submitted. No additional business license fee shall be charged to the organizer/sponsor in connection with the special event.

   F.   Transferability: A special event vendor business license is nontransferable.

   G.   Investigation: The City Clerk may require a police investigation prior to issuing a special event vendors business license if it appears: 1) that the organizer/sponsor or a vendor failed to truthfully provide all information required by this chapter or 2) that the proposed special event or a vendor's proposed business activity at the special event violates any City ordinance, or any Federal or State law. (Ord. 831, 6-26-2018)

   A.   License Required: Every person or firm acting as an auctioneer or holding or carrying on any auction within the City must obtain an auction business license from the City Clerk.

   B.   Application: Every person conducting the business of an auction shall make application in writing for a business license to the City Clerk.

   C.   Contents Of Application: Such application shall contain and set forth at least the following:

      1.   The name and address of the applicant.

      2.   The place where the auction will be conducted, including signature approval from the property owner for the auction event.

      3.   The length of time for which the license is desired and the dates when the auction will be conducted.

      4.   The name and address of the owner of the property to be sold at the auction.

      5.   A short description of the items to be auctioned.

      6.   Proof of approval to conduct business from the State Department of Taxation.

   D.   Business License Fee: Each person conducting an auction shall pay a license fee as established by a resolution of the City Council.

   E.   Limitation On Location: No auction may be conducted upon any street within the City, public right-of-way within the City or public property owned by the City without prior permission of the City. (Ord. 507, 5-26-1998)

   A.   License Required: Every person or firm engaged in the banking business or savings and loan association business must obtain a business license from the City Clerk.

   B.   Application: The application must be made on a form provided by the City Clerk.

   C.   Business License Fee:

      1.   Every bank, savings and loan institution and each branch thereof shall pay a license fee as established by a resolution of the City Council.

      2.   At the beginning of each annual licensing period, each bank, savings and loan institution, and each branch thereof, will submit with their application a tabulation setting forth total deposits in the particular bank, association or branch on the last day of each of the previous four (4) calendar year quarters. The license fee will be based on the average of these quarterly totals. (Ord. 507, 5-26-1998)

   A.   License Required: Every organizer/sponsor of a "traveling show", as defined in section 4-1-2 of this chapter, shall obtain a traveling show business license from the City Clerk. The City Clerk may require proof of inspection and approval by Federal, State, County and/or Municipal authorities where required.

   B.   Business License Fee: Each person conducting a traveling show shall pay a license fee as established by a resolution of the City Council. If the performance is given in aid of any local educational or charitable purpose with fifty percent (50%) or more of the proceeds going to charity, no license shall be required.

   C.   Limitation On Locations: No traveling show may conduct business upon any street, public right-of-way within the City or public property owned by the City without prior permission, and where necessary, execution of an agreement to conduct the business with the City. (Ord. 507, 5-26-1998)

   A.   Home Occupation Defined: A home occupation is a business customarily carried on in a business establishment, that is permitted to be carried out in a residence as long as the use as a business is incidental to the primary residential purpose and the residential character of the property is not changed. Every person permitted to carry on a home occupation shall obtain an annual business license.

   B.   License Required: Every person having a "home occupation", as defined in section 4-1-2 of this chapter, shall obtain a business license from the City Clerk.

   C.   Approval Required: The City Clerk shall require approval by the Planning Department prior to issuance of a home occupation business license.

   D.   License Fees: The business license fee shall be established by resolution of the City Council. The rates shall be established based on the yearly gross sales receipts or revenues of the business or profession unless the rate is established by some other method as set forth in this chapter. In the case of business making sales and rendering services, the gross revenue from both sales and services shall be considered the equivalent of gross sales.

   E.   Limitation On Service Locations: No home occupation may conduct business upon any street, public right-of-way within the City or public property owned by the City without prior permission from the City. (Ord. 818, 4-25-2017)

This Chapter shall be known as Nonpublic Hospital License. (Ord. 862, 6-22-2021)

For purposes of this Chapter, the following terms shall have the meanings ascribed to them:

 

 

It shall be unlawful for any Nonpublic Hospital, either directly or indirectly, to provide medical care or services in the City without procuring and maintaining in effect a Nonpublic Hospital License. (Ord. 862, 6-22-2021)

Every Nonpublic Hospital required to procure a license pursuant to this Chapter shall submit an application to the City Clerk containing the following information:

   A.   The name of the Nonpublic Hospital to whom the license is to be issued.

   B.   The location for which the license is sought.

   C.   A description of the medical care and services provided.

   D.   The date when the license is proposed to become effective.

   E.   The signature of a person authorized to submit the application on behalf of the Nonpublic Hospital. (Ord. 862, 6-22-2021)

The City Clerk is hereby authorized to approve or deny all applications for Nonpublic Hospital Licenses.

   A.   Conditions for Denial: An application for a Nonpublic Hospital License shall be denied if the City Clerk determines that any one or more of the following exist(s):

      1.   The application contains false, fraudulent or misleading material statements or information; or

      2.   The activity for which the license is sought is unlawful under any ordinance, code, rule or law of the City, State or Federal government; or

      3.   The applicant is indebted to the City for any unpaid license fee.

   B.   Notification of Denial: Upon any denial of an application for a Nonpublic Hospital License, the City Clerk shall notify the applicant in writing and state the reason(s) for the denial. Such notification shall be delivered to the applicant personally or by mail at the address indicated on the application.

   C.   Revocation: The City Clerk may revoke a Nonpublic Hospital License if the licensee violates any provision of this Chapter.

   D.   Approval; Fee, Issuance: Upon approval of an application for a Nonpublic Hospital License, the City Clerk shall collect the appropriate Nonpublic Hospital License Fee required by this Chapter and issue the Nonpublic Hospital License.

   E.   Appeal: Every applicant denied a Nonpublic Hospital License by the City Clerk and any licensee whose Nonpublic Hospital License has been revoked shall have the right to appeal the decision to the City Council by submitting a notice of appeal to the City Manager within thirty (30) days of the denial or revocation. The failure to timely submit a notice of appeal to the City Manager shall be deemed a waiver of the applicant's or licensee's appeal rights. (Ord. 862, 6-22-2021)

   A.   Validity: No Nonpublic Hospital License shall be valid except for the location and owner for which the original application therefor was made and the license issued.

   B.   New Business Location: If a Nonpublic Hospital changes location, but does not change the ownership or character of the services provided, the Nonpublic Hospital may apply to transfer the existing Nonpublic Hospital License to the new location.

   C.   New Owner: If a Nonpublic Hospital is sold or otherwise transferred to a new owner, the new owner must make application for a Nonpublic Hospital License. (Ord. 862, 6-22-2021)

   A.   Rates: Every Nonpublic Hospital shall pay to the City a Nonpublic Hospital License Fee in an amount determined by resolution of the City Council not to exceed six percent (6%) of the Nonpublic Hospital's Net Patient Revenue as shown on or calculated from data contained in the hospital's Medicare Cost Report submitted to the Centers for Medicare & Medicaid Services for the applicable period.

   B.   Payment of Fee: The Nonpublic Hospital License Fee shall be paid following a resolution of the City Council setting the rate and payment schedule. The rate and payment schedule may be amended from time-to-time by resolution of the City Council. (Ord. 862, 6-22-2021)

   A.   Nonpublic Hospital License Fees shall only be used for the following purposes:

      1.   Funding intergovernmental transfers from the City to the State of Nevada Department of Health and Human Services, Division of Health Care Financing and Policy to provide the nonfederal share of Medicaid payments for supplemental payments authorized under Medicaid State Plan Amendment 10-002C;

      2.   Refunding Nonpublic Hospital Fees collected in error from a Nonpublic Hospital;

      3.   Refunding to a Nonpublic Hospital any portion of the Nonpublic Hospital Fee the City receives from the State of Nevada Department of Health and Human Services, Division of Health Care Financing and Policy that is not used to fund the nonfederal share of Medicaid supplemental payment program payments under State Plan Amendment 10-002C, or that cannot be used to fund the nonfederal share of Medicaid supplemental payment program payments under State Plan Amendment 10-002C; and

      4.   Reimbursing the City for its reasonable administrative costs to perform the activities authorized under this Chapter, to include, without limitation, legal fees incurred in preparing correspondence, documents, ordinances and resolutions pertaining to this Chapter.

   B.   Notwithstanding any other provision of this Section, with respect to an intergovernmental transfer of funds by the City to provide the nonfederal share of Medicaid payments for supplemental payments authorized under Medicaid State Plan Amendment 10-002C, any funds received by the City as a result of the transfer may not be used by the City to fund the nonfederal share of payments available through Medicaid programs other than those outlined in State Plan Amendment 10-002C.

   C.   The City shall not collect Nonpublic Hospital License Fees for the purpose of raising general revenue nor shall the City collect any amount in excess of that which is reasonably necessary to fund the uses specifically authorized under this Chapter. (Ord. 862, 6-22-2021)

A Nonpublic Hospital may not add any portion of the Nonpublic Hospital License Fee as a charge or surcharge to a patient. (Ord. 862, 6-22-2021)

It shall be unlawful for any person, either as owner, lessor or lessee, employer or employee, whether for hire or not, to deal, play or carry on, open or conduct in any capacity whatsoever, any gambling game or games, or game or games of chance of any name, nature or description, mechanical or otherwise, except slot machines, punchboards and theater lotteries based upon the sale of tickets for admission, for money, property, checks, tokens, credit or any representative of value within or without a building, on public or private property within the following areas:

   A.   Along Idaho Street or the extension of the street as U.S. Highway 40, in the city limits, defined and measured by line on each side of the street and extension thereof, forty five feet (45') from private property lines bounding Idaho Street and extension thereof, as the same appear on the official plats of the city, and the additions thereto.

   B.   One hundred forty feet (140') on each side of Fifth Street bounded on the north by the southerly end of the Fifth Street bridge across the Humboldt River and bounded on the southeast by the projection of the west side line of Ninth Street at the point where the Ninth Street intersects with the Fifth Street, all of the area being south of the Humboldt River and situated in the city, as more fully appears on the official plats of the city and additions thereto. (Ord. 81, 9-5-1946)

It shall be unlawful for any person either as owner, lessor or lessee, employer or employee, whether for hire or not, to place or maintain any sign of any name, nature or description, advertising games, gambling, gambling establishments, casinos, intoxicating liquors, bars, saloons and cocktail lounges of a size greater than twelve (12) square feet, in such a manner as to extend over the private property lines bounding Idaho Street and the extension thereof as U.S. Highway 40, or which shall parallel Idaho Street and the extension thereof along or over the private property lines. (Ord. 81, 9-5-1946)

It shall be unlawful for any person either as owner, lessee or employee, whether for hire or not, to deal, operate, carry on, conduct, maintain or expose for play any game of faro, monte, roulette, keno, fan-tan, twenty one, blackjack, seven and a half, big injun, klondyke, craps, stud poker, draw poker, or any banking or per played with cards, dice, or any mechanical device or machine, for money, property, checks, credit, or any representative of value; or any gambling game 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 game to be carried on, or to play, maintain or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first procured a license for the same as hereinafter provided; and provided further, that no alien, or any person except a citizen of the United States, shall be issued a license, or shall directly or indirectly own, operate or control any game or device so licensed. (Ord. 55, 7-1-1931)

Any person desiring to conduct, operate or carry on any gambling game, slot machine, or any game of chance enumerated or provided for in section 4-4-1 of this chapter shall, upon proper application to the city council, be issued a license for each particular device or game or slot machine under the following conditions and regulations:

   A.   Room, Premises Description: The person so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized;

   B.   Machine Identification: The person so applying for a license shall state definitely the particular type of slot machine, together with the serial number of the machine, or the particular game or device which the licensee desires to carry on or conduct in the room and premises; and as so stated the same shall be specifically described in and entered upon the license. (Ord. 55, 7-1-1931)

   C.   Fees: The license fees as set by resolution of the city council, shall be paid to the city clerk for each of the following gambling games and devices:

      1.   Faro, monte, roulette, keno, fan-tan, twenty one, blackjack, seven and a half, big injun, klondyke, craps and bingo.

      2.   Racehorse keno.

      3.   Racehorse book.

      4.   Stud poker and draw poker.

      5.   Each money slot machine, or for each handle on the money slot machine. The license shall entitle the holder to carry on, conduct or operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for the quarter thereof succeeding the date of issuance of the license; provided, that the licensee shall be entitled to carry on, conduct and operate two (2) or more slot machines, games or devices mentioned in section 4-4-1 of this chapter in the same room, by paying the license herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.

      6.   Any and all other gambling games of every name, nature or description, including bank or percentage games played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value. (Ord. 290, 8-26-1980)

Licenses shall be prepared by the city clerk and shall be issued and accounted for as is by law provided in respect to other city licenses. Each license issued or delivered by the city clerk to any person shall contain the name of the licensee, and a particular description of the particular room and premises in which the licensee intends to carry on, conduct or operate any one slot machine, game or device mentioned in this chapter, and shall specify the particular type of slot machine, together with the serial number of the machine or the particular game or the particular device, by name; any license issued under the provisions of this chapter shall not be transferable by the licensee to any other person, and shall be valid only for the particular room and premises described therein, and the specified slot machine, game or device for which it was issued. No license money paid shall be refunded, whether the slot machine, game or device for which any license was issued has voluntarily ceased or has been revoked under the provisions of this chapter herein provided, or for any other reason. (Ord. 55, 7-1-1931)

The violation of any of the provisions of this chapter shall act as an immediate revocation of any and all licenses which may have been issued to the violator, or which may have been issued for the particular room and premises in which any such violation occurred, and no new or additional license or licenses shall be issued to such violator for the room and premises in which the violation occurred for a period of one year from the date of such revocation. (Ord. 55, 7-1-1931)

Any person or persons who shall knowingly permit any of the slot machines, games or devices mentioned in this chapter to be conducted, operated, dealt or carried on in any house or building owned by him or her, in whole or in part, except by a person who has received a license as herein provided, or his employee, shall, upon conviction therefor, be punished as provided in title 1, chapter 3 of this code. Each violation of this chapter shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 261, 6-27-1978)

The term "game" or "games" shall be construed to mean and include all games or devices herein mentioned and any slot machine or slot machines played for money or for checks or tokens redeemable in money or property. (Ord. 55, 7-1-1931)

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. (Ord. 55, 7-1-1931)

No person under the age of twenty one (21) years shall be allowed to play any licensed game, or slot machine or loiter about any room or premises wherein any game or slot machine provided for in this chapter is operated or conducted, and in any legal action it shall be no excuse for the licensee, employee or dealer operating or conducting a licensed game to plead he believed the party to be twenty one (21) years old or over; and any licensee, employee or dealer operating or conducting any game who shall permit any person under the age of twenty one (21) years to play at such game or games or permit any such person to loiter about the room or premises in which such game or games may be conducted or operated, shall be deemed guilty of a city offense and upon conviction thereof shall be punished as provided in title 1, chapter 3 of this code. (Ord. 290, 8-26-1980)

All licenses issued for gambling games and slot machines of every character and description shall be posted in a conspicuous place where such gambling games and slot machines are installed, in order that they may be inspected by authorized state, county, city and town officials. (Ord. 55, 7-1-1931)

Whenever used in this chapter, the following words shall have the meanings ascribed in this section, unless the context clearly indicates a different meaning:

   ALCOHOLIC BEVERAGE: As used in this chapter, the term "alcoholic beverage" shall have the same meaning as the term "liquor".

   APPEAL: The right of the licensee or applicant to request a hearing before a specified city official or the city council upon denial of or any other action adversely affecting a liquor license.

   APPLICANT: A natural person, partnership, association, firm, company, corporation or other legal entity applying for a liquor license.

   APPLICATION FOR A LIQUOR LICENSE: A formal request, utilizing a form provided by the city, that a person submits to the city for the purpose of requesting a liquor license.

   BEER: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water.

   BREWPUB: An establishment which manufactures beer and sells beer beverages at retail and not made available for wholesale.

   BREWPUB LICENSE: A license issued by the city which permits the manufacturing and sales of beer by the licensee at the premises specified in the license for consumption on the licensee's premises.

   CATERER'S LIQUOR LICENSE: A license issued by the city which is only effective if issued in addition to an existing retail liquor license, retail beer and wine license, or brewpub license, permitting the giving, selling or serving of beer, wine and liquor by the drink by the caterer licensee for private events on the premises of the caterer or at specified locations within the city of Elko.

   CHURCH: A building, structure or place owned or occupied by a religious organization that is used primarily for religious worship.

   CITY: The city of Elko, Nevada.

   CITY CLERK: The city clerk of the city of Elko, Nevada, or the said clerk's deputy.

   CITY COUNCIL: The city council of the city.

   EXPIRATION: The date upon which a liquor license expires.

   FEE: Any monies required by law to be paid to obtain or renew a liquor license.

   FRATERNAL, SOCIAL AND CIVIC CLUB LICENSE: A license issued by the city, which permits the licensee therein designated to serve, sell or give liquors to the licensee's bona fide members and their guests only for consumption of the licensee's premises specified in the license. This license shall not permit the licensee to conduct or operate any public bar or place for the sale, serving or delivery of any liquor to the general public.

   INTOXICATION: A condition in which a person's mental and physical faculties are impaired because of the ingestion of liquor or other substances so as to diminish the person's ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties and using reasonable care would think and act in like circumstances.

   LICENSE: Unless otherwise stated, a liquor license.

   LICENSE CERTIFICATE: A document issued by the city stating that a person has a liquor license, together with any conditions or restrictions which apply to that liquor license.

   LIQUOR: Beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquor or solid, patented or not, containing one-half of one percent (0.5%) or more of alcohol by volume and which is used for beverage purposes.

   LIQUOR LICENSE: Except as otherwise stated in this chapter or the license certificate, a privilege granted by the city to an applicant pursuant to this chapter permitting the applicant to give, sell or serve all or specified types of liquor within the city limits while it is in effect, subject to any conditions or restrictions contained in this chapter and/or the license certificate.

   MINOR: A natural person, male or female, under the age of twenty one (21) years.

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

   PACKAGED LIQUOR LICENSE: A license issued by the city which permits the sale of liquor in packages by the licensee at the premises specified in the license, for consumption off the licensee's premises.

   PERSON: A natural person, partnership, association, company, corporation, fraternal, civic or social clubs and all other types of organizations.

   PREMISES: A distinct and definite locality, including a room, shop, building or other area with discrete boundaries.

   PRIVATE EVENT: A gathering in the city limits which is not open to the public that will include the selling, serving or giving away of alcoholic beverages.

   PUBLIC SCHOOL: A publicly funded school or preschool, specifically grades prekindergarten through grade 12.

   QUARTER: One-fourth (1/4) of the year, beginning respectively on January 1, April 1, July 1 and October 1 of each year.

   REGULAR LIQUOR LICENSE: A liquor license that is not a temporary liquor license.

   RENEWAL: The granting of the privilege of a licensee to continue to use an existing liquor license for a definite period of time.

   RETAIL: The sale for use or consumption and not for resale.

   RETAIL BEER AND WINE LIQUOR LICENSE: A license issued by the city, which permits the sale of beer and wine in packages, or by the drink by the licensee at the premises specified in the license, for consumption on or off of the licensee's premises.

   RETAIL LIQUOR LICENSE: A license issued by the city, which permits the sale of liquor, in packages, or by the drink by the licensee at the premises specified in the license, for consumption on or off the licensee's premises.

   REVOCATION OF A LIQUOR LICENSE: The automatic cancellation of a liquor license pursuant to this chapter.

   SACRAMENTAL: The use of liquor that is part of a formal religious act or ceremony and that is considered sacred as a spiritual sign or symbol by that religion.

   SAMPLE: An amount of liquor that is only of such quantity as is reasonably necessary to provide a taste, not to exceed one- half (1/2) ounce of liquor.

   SERVER OF ALCOHOL: Any person who gives, sells or serves any liquor to another person for consumption.

   SPECIAL EVENT: For purposes of this chapter only, an event consisting of a gathering within the city limits at a location shown on the license application or license certificate, open to the general public, which includes the selling, serving or giving away of liquor.

   SPECIAL EVENTS BEER AND WINE LIQUOR LICENSE: A license issued by the city which permits the sale, serving or giving away of beer and/or wine only by the licensee at a special event, with the duration of said license not to exceed a period of one week.

   SPECIAL EVENTS LIQUOR LICENSE: A license issued by the city which permits the sale, serving or giving away of liquor by the licensee at a special event, with the duration of said license not to exceed a period of one week.

   SUSPENSION OF A LIQUOR LICENSE: The temporary cancellation of a liquor license by the city pursuant to this chapter.

   TERMINATION OF A LIQUOR LICENSE: The permanent cancellation of a liquor license by the city pursuant to this chapter.

   WHOLESALE LIQUOR LICENSE: A license issued by the city, which permits the sale of beer and wine only, or liquors in packages by the licensee, to a person holding a valid, current, retail liquor license or a wholesale liquor license issued by the city, but not the direct sale to a consumer or the general public.

   WINE: Any alcoholic beverage obtained by fermentation of the natural content of fruits or other agricultural products containing sugar and including, without limitation, port, sherry and champagne. (Ord. 777, 9-10-2013)

   A.   The public health, safety, morals and welfare of the inhabitants of the city require the regulation and control of all persons who sell, serve or give away liquor, to include persons engaged in the business of liquor sales. Obtaining a liquor license is a privilege subject to the regulations and conditions which are or may be imposed pursuant to this chapter. A liquor license may, without limitation, be revoked for violating such regulations or conditions.

   B.   It shall be unlawful for any person to sell, offer for sale, keep for sale, serve, give away, furnish or distribute, or cause or permit to be sold, offered or kept for sale, served, given away, furnished or distributed, any kind of liquor in the city limits, unless such person has first applied for, paid all license fees for, received and is the holder in good standing of the proper license or licenses required by this chapter; provided, however, that this section shall not apply to the following:

      1.   Liquor served by a private family in its residence as part of its family or social life;

      2.   The use of liquor for sacramental purposes;

      3.   Liquor used during church sponsored events and church sponsored social gatherings held on church premises;

      4.   The use, sale or dispensing of liquor by any doctor, apothecary or pharmaceutist who uses alcohol or liquor for or in compounding medicine or for medicinal or scientific purposes;

      5.   The employees of a person who holds a valid, unexpired license pursuant to this chapter, while acting within the course of his employment;

      6.   A private event, not open to the public, such as a company party or a wedding. (Ord. 777, 9-10-2013)

   A.   Specified: Under the provisions of this chapter, the following classes of licenses may be issued to qualified applicants therefor:

      1.   Retail liquor license.

      2.   Retail beer and wine license.

      3.   Wholesale liquor license.

      4.   Wholesale beer and wine license.

      5.   Packaged liquor license.

      6.   Packaged beer and wine license.

      7.   Fraternal, social and civic club license.

      8.   Special events liquor license.

      9.   Special events beer and wine liquor license.

      10.   Caterer's liquor license. A caterer's liquor license shall only be issued and is only valid if the applicant has a valid retail liquor, retail beer and wine or brewpub license.

      11.   Brewpub license.

   B.   More Than One Class: Each person whose activities fall into more than one class of liquor licenses, as defined in this chapter, must apply for and receive a license for each class applicable before such person can operate in such class.

   C.   Liquor License Additional: The liquor licenses required by this chapter shall be in addition to any other licenses required by any person by the city for conducting or carrying on any other business in connection with, or separate from the activities licensed under this chapter.

   D.   Business Not Located In City Limits: A business not located in the city limits that wishes to sell, serve or give away liquor in connection with catering within the city limits may apply for a caterer's liquor license upon proof of an existing retail liquor license issued by the city, by the county of Elko, or by another governmental entity that subjects the licensee to requirements that are the same as or substantially equivalent to the corresponding requirements contained in this chapter. (Ord. 777, 9-10-2013)

An application for the licenses required by this chapter shall be made to the city council and filed with the city clerk. Each application shall:

   A.   Form: Be made on such form as the city council shall describe;

   B.   Name, Address Of Applicant: Include the name and address of the applicant, who shall be all persons having an interest in the business to be licensed. If the applicant is a partnership, the application shall include the name and addresses of all partners. If the application is a corporation, association or other organization, the application shall include the names and addresses of all officers, directors, stockholders and all other persons having an interest in the business to be licensed, and the address of the principal place of business of the corporation, and the name and address of the person or persons who shall have the active management of its business for which or in connection with which a license is desired (listing of stockholders may be dispensed with by the city council if stock has been sold to the general public);

   C.   Classification; Location: Specify the class or classes of license desired; the location, by street and number, of the premises for which the license is sought and the name of the owner or owners of the premises where the business is to be operated;

   D.   Child Support Information: Contain any child support information required by the state of Nevada.

   E.   Department Of Taxation: Contain proof of any licensing or certificate of good standing required by the Nevada department of taxation.

   F.   Health Department: Contain proof of approval by the Nevada state health department with respect to any required inspections.

   G.   Industrial Insurance: Contain an affidavit verifying compliance with Nevada Revised Statutes chapters 616A through 617 pertaining to industrial insurance.

   H.   City Departments: Except for a caterer's liquor license, contain verification by the city building department, fire marshal and planning department that the licensee's fixed place of business has met all applicable city code requirements.

   I.   Additional Information As Requested: Be supplemented by such additional information or documents as the city council shall request from the applicant at any time, it being the duty of the applicant to supply all such information and documents;

   J.   Fee: Be accompanied by the quarterly license fee required for each class of license for which application is made, which license deposit shall be nonrefundable;

   K.   Signature And Verification: Be signed and verified by all persons who shall conduct or have any interest in the business activities for which a liquor license is required;

   L.   Corporations Or Organizations: In the case of corporations, clubs or organizations with members, the application shall be verified by its president or secretary or the person who shall actively manage or conduct the business or activity for which a liquor license is required, if written authority from the corporation to make such application is filed with the city clerk with the application;

   M.   Acceptance Of Terms By Applicant: Contain a statement that if such application is approved and a license issued, it will be accepted by the applicant subject to the terms, conditions and provisions of this chapter, and such other rules and regulations as may at any time hereafter be adopted or enacted by resolution or ordinance by the city council, and shall include a consent to and an acknowledgment of the power and authority of the chief of police, or any other authorized representative of the city, to enter the premises licensed and the principal office of any corporation, at any time during business hours for the purpose of examining the premises, or the books of account of said business, or the books and records of any corporate licensee to ascertain the truth or veracity of the statements made on the application and to determine if the terms, conditions and provisions of this chapter have been and are being complied with;

   N.   Investigation: All liquor license applications shall be referred to the chief of police for investigation. The chief of police shall cause an investigation to be made of the moral character and business responsibility of the person or persons applying for a license, and of all persons who will be interested in the business for which a liquor license is required, and in the case of a corporation, its officers, directors, stockholders and the person or persons who shall have the management of the business for which or in connection with which the license is desired, together with an investigation of the location of the proposed place of business, and of such other matters as may be necessary to the protection of the public good, welfare, safety, health and morals of the inhabitants of the city. Upon completion of the investigation, the chief of police shall render a report of the investigation to the city council. (Ord. 777, 9-10-2013)

The police chief or the police chief's designee shall present each application to the city council at its first regular or special meeting after the filing of the application, completion of the investigation and submission of all other data as required in section 4-5-4 of this chapter. (Ord. 777, 9-10-2013)

   A.   Required: No liquor license, except as otherwise provided in subsection 4-5-3D of this chapter, shall be issued to any person unless such person has an established place of business, or in the case of a special events license, a specific location under the control of such person for the period of the license, within a zone or area permitting such type of business, activity or license under this and all other ordinances of the city and unless each applicant is a person of good moral character and satisfactory business responsibility. In the event the applicant shall be a corporation or association, the officers, directors, managing agent and all persons who shall be active in the conduct of the business for which a liquor license is required all must be persons of good moral character and satisfactory business responsibility.

   B.   Felony Conviction: No liquor license shall be issued hereunder to any person who has within ten (10) years from the date of the application been convicted of a felony either in this state or in any other state of the United States, or of any crime in any other state which is considered a felony under the laws of the state; provided, however, that this provision shall not apply to any person who has been so convicted, but whose rights of citizenship have been restored or judgment of infamy has been removed by a court of competent jurisdiction. In the case of any such conviction occurring after the license has been issued and received, the license may immediately be revoked, if such convicted felon be an individual licensee, and, if not, the partnership, corporation or association with which he is connected shall immediately discharge him, upon request of the city council, or their license may be revoked.

   C.   Employee Felony Conviction: No person shall work or be employed in or in connection with the liquor business of a licensee hereunder who has been, or during employment is convicted of a felony unless the chief of police approves such employment. If the licensee fails to discharge such employee upon request by the chief of police, its license may be revoked. (Ord. 777, 9-10-2013)

   A.   Except as otherwise provided in this chapter, it shall be unlawful for any person or association to sell, serve, give away or distribute liquor within one hundred feet (100') of any existing schoolhouse wherein public school is conducted, as measured from the point of distribution to the nearest exterior wall of a schoolhouse, provided, the foregoing prohibition shall not apply in the event a schoolhouse is subsequently placed within one hundred feet (100') of an existing business that sells, serves, gives away or distributes liquor.

   B.   It shall be unlawful for any person or association to sell, serve, give away, or otherwise distribute any liquor outside the building described in the application of any drive-in business; provided, however, the city council may, for good cause shown, authorize the sale, service or other lawful distribution of liquor in specified enclosed or defined areas under the supervision, management and operation of a licensee; further provided, that the foregoing prohibition shall not apply to liquor served adjacent to a building if permitted by an outdoor dining permit.

   C.   No application shall be granted or license issued authorizing or permitting the sale, service or distribution of any liquor within the prohibited areas specified in this section. (Ord. 777, 9-10-2013)

The city council shall be the sole judge as to whether or not any person, firm, company, association, partnership or corporation applying for a license as a fraternal, social or civic club, is a bona fide fraternal, social or civic club such as to qualify for a license under the provisions of this chapter. (Ord. 777, 9-10-2013)

   A.   Authority: Except for temporary and special events liquor licenses, no liquor license shall be valid unless and until it is approved by the city council. The council may deny any application that fails to comply with the requirements of this chapter or that the city council determines is reasonably likely to result in a violation of this chapter if issued based upon such factors as the responsibility of the applicant in light of previous violations.

   B.   Number Limited: The city council shall, by resolution, have the right to limit the number of licenses which may be issued based upon population as determined by any formula deemed sufficient by the city council, and to determine where and under what conditions liquor may be sold, served, given away or distributed within the city.

   C.   Probationary Period For New Licenses: Any new license issued to a licensee shall be subject to an initial probationary period of six (6) months, during which time the license may be immediately terminated or suspended by the chief of police for any violation of this chapter or the certificate of license; provided, in the event of a termination or suspension by the chief of police, the licensee shall have an immediate right to appeal the decision of the chief of police to the city manager; further provided, the licensee shall have an additional right to appeal the decision of the city manager to the city council at the next regularly scheduled meeting for which notice may be given in accordance with the Nevada open meeting law. The licensee must provide written notice to the city clerk within ten (10) days of any adverse decision of the licensee's intent to appeal the decision, after which time all appeal rights shall be deemed waived if such notice is not so given. The foregoing probationary period and the requirements, terms and conditions applicable thereto shall be in addition to and not in lieu of all other applicable requirements in this chapter.

   D.   Fees: All licensee fees paid pursuant to this chapter are nonrefundable, regardless of what action is taken by the city, to include the denial of an application for a liquor license by the city council. If the city council approves an application for a liquor license, the city council shall authorize the city clerk to issue such license upon full payment in advance of all license fees then required by this chapter. The license shall not be effective until issued and delivered to the applicant by the city.

   E.   Majority Vote Required: It shall require a majority vote of all the members of the city council present at the meeting to approve or deny an application for a liquor license. Such action by the city council on any application shall be final.

   F.   Agreement To Comply: Any liquor license issued pursuant to this chapter shall constitute and be conclusive evidence of the applicant's agreement to comply with the provisions of this chapter, and to comply with the terms, conditions, representations and agreements set out in the application for a liquor license and any license certificate issued to the applicant hereunder.

   G.   Compliance With Federal And State Law: Any liquor license issued by the city must, in order to be valid, be at all times in compliance with all applicable requirements of federal and state law, together with any amendments thereto, including, without limitation, chapter 369 of the Nevada Revised Statutes. In the event of a conflict between the requirements of this chapter and the requirements of any applicable federal or state law, the requirements of the applicable federal or state law shall prevail. (Ord. 777, 9-10-2013)

   A.   Certificate Of License: Upon the granting of any application pursuant to this chapter, the applicant shall receive a liquor license certificate, issued by the city clerk, pursuant and subject to the provisions of this chapter, and any terms, conditions or restrictions contained in the license certificate itself. The license certificate shall set forth, among other things, the following:

      1.   The name of all persons to whom it is issued. If the license is issued under a fictitious name, the license shall set forth, in addition to the fictitious name, the name or names of each of the persons conducting the business under the fictitious name. If it is issued to a corporation, the license shall set forth, in addition to the name of the corporation.

      2.   The location, by street and number, of the premises for which the license is issued;

      3.   The date of commencement, which will be the date of issuance and date of termination which will be the last day of the quarter year in which it was granted, subject to revocation, cancellation, suspension, restriction and conditioning, pursuant to this chapter;

      4.   The particular class of liquor license and of liquors that the licensee is authorized to sell.

   B.   Term: The license shall be for one quarter.

   C.   Renewal: The city clerk shall issue a renewal notice prior to the expiration of the liquor license, except as otherwise provided in this chapter. The failure of the city clerk to notify any licensee of the requirement to file a renewal application or to pay the license fee shall not relieve the licensee of those or any other requirements, and the actual receipt of a renewal notice is not a condition precedent to the need to apply for or the issuance of a renewal. Subject to all provisions of this chapter, if at the end of a quarter the licensee holds a valid, unexpired license which has not been revoked, suspended, restricted, conditioned or terminated, such license shall automatically renew for the next quarter without application to the city council upon timely payment of the required license fees and penalties, if any, within the time specified in this chapter; provided, no license shall automatically renew if the licensee is not in compliance with all federal, state and local requirements, including all city requirements. Such renewal license, if renewed automatically pursuant to the preceding sentence, shall be on the same terms and conditions as the original license and subject to all provisions of this chapter as if granted after application to the city council.

   D.   Nonrenewal Due To Noncompliance: A license that is not renewed because it does not comply with federal, state or local requirements, to include any requirement contained in this chapter or the license certificate, or because of nonpayment of any required fees, shall thereupon be automatically revoked.

   E.   Acceptance Of Conditions: Any licensee receiving a license pursuant to the provisions of this chapter shall be deemed to have accepted the same with all the duties, obligations, restrictions, limitations and other provisions of this chapter as part and parcel of said license, and subject to the faithful compliance with the promises, agreements and representations set forth in the application for such license, without other or further notice, and without each or any of such provisions being specifically incorporated in the license granted.

   F.   Temporary License: In special or unusual circumstances and in order to prevent undue hardship, the city clerk, with approval of the chief of police, may, upon application therefor, issue a "temporary license" pending the processing of a regular liquor license; provided, however, that at the time any such temporary license is issued by the city clerk, a full and complete application for a regular liquor license shall be on file with the city clerk; further provided, a temporary license shall only be issued if the licensee or any business association with respect to which the licensee is an owner, partner, member, officer, director or shareholder has not had a liquor license revoked within five (5) calendar days of the date of application for the temporary license; and, further provided, all required fees, to include delinquent fees, shall have been paid. Such license shall be valid for thirty (30) days or until approval or denial of the final application by the city council for a regular liquor license, whichever occurs first. At least one quarterly license fee pursuant to section 4-5-12 of this chapter must be paid at the time of issuance of the temporary license.

   G.   Elko City Code Compliance: No liquor license may be issued or renewed pursuant to this chapter if the applicant, licensee or licensed business is in violation of any provision of this code which impacts the licensed business or operation thereof. (Ord. 777, 9-10-2013)

Each license shall:

   A.   Be posted in a conspicuous place in the premises for which it was issued.

   B.   Be nontransferable, except that upon prior written consent of the city council, the location of the premises for which it was issued may be changed, provided there is no change in licenses.

   C.   Be authority for the person or persons specifically named as licensees to transact the business or activity licensed thereunder. (Ord. 777, 9-10-2013)

   A.   Payment Of Fees; Refunds: All fees may be paid up to one year in advance; but in no event shall a fee be for less than a quarter. No refunds of any portion of a license fee paid in advance shall be made nor shall any portion of a fee paid in advance be transferable.

   B.   Sales Of Soft Drinks: A valid license under this chapter authorizes the licensee to sell soft drinks in connection with the business for which the license is issued.

   C.   Amount Set By Resolution: The schedule of fees to be paid for licenses shall be set by resolution of the city council.

   D.   When Payable: License fees shall be due and payable January 1, April 1, July 1 and October 1 of each year for each following quarter. Any license fee which has not been paid on or before the fifth day of the month in which it becomes due shall be increased by a penalty of ten percent (10%), which shall be added to the fee and collected with the fee prior to the issuance of any license hereunder. When any license fee is paid by mail, the postmarked date on the envelope shall be presumed to be the date on which the license fee was paid. If the license fee and penalty have not been paid on or before the fifteenth day of the month in which the license fee becomes due, any right to renew a license without application to the city council shall be forfeited and shall forthwith terminate at the time of the close of the city office on the fifteenth day of such month, and at such time the liquor license for the business to which the delinquent license fee relates shall be automatically revoked and the business shall immediately cease all liquor sales. This provision shall not be construed to permit the operating of any business to which this chapter applies for any length of time whatever without having in full force and effect a proper license issued by the city with all fees therefor fully paid, nor shall it be construed to extend the expiration date of any license, nor to prevent the city council from taking any action to suspend, restrict, condition or terminate the license for any reason permitted under this chapter, including nonpayment of fees. (Ord. 777, 9-10-2013)

   A.   Authority Of City Council: The city council may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter and shall have power to suspend for such a period of time as they deem advisable or terminate a license or place such restrictions and conditions upon a license as they shall deem necessary or advisable, for any one of the following acts or omissions:

      1.   The failure to make timely payment of license fees and penalties, or either of them; provided, however, no action by the city council shall be necessary in the event of nonpayment of license fees and penalties on or before the fifteenth day of the month in which they came due as provided in this chapter; or

      2.   The misrepresentation of any material fact by the applicant in obtaining a license under this chapter; or

      3.   If any one of the licensees named in a license violates or causes or permits to be violated any of the provisions of this chapter; or

      4.   If any one of the licensees named in a liquor license violates or causes or permits to be violated any provision in this code which adversely affects the licensee's fitness to fulfill the requirements of the liquor license or this chapter; or

      5.   If any manager, bartender, agent, servant, officer or employee of a licensee hereunder violates or causes or permits to be violated any of the provisions of this chapter, while acting in any way in connection with the licensee's business; or

      6.   If any one of the licensees named in a license commits any act which would be sufficient ground for the denial of an application by such licensee for a license under this chapter; or

      7.   If any one of the licensees named in a license or any manager, agent, bartender, servant, officer or employee of a licensee refuses to permit the chief of police, or any police officer, or any other duly authorized representative of the city, to visit and reasonably inspect every part and portion of the licensee's premises, or refuses or fails to furnish the chief of police, or any police officer or officer of the city, upon request with all facts and information within his knowledge concerning any offense committed in or about the premises and the parties involved and the witnesses thereto; or

      8.   If any one of the licensees named in a license violates any of the agreements, conditions or terms contained in the application for a license, this chapter or the license issued pursuant hereto; or

      9.   If any one of the licensees named in a license violates or causes or permits to be violated any ordinance of the city or any law of the state or of the United States Of America regulating the sale, serving or dispensing of liquors or pertaining to the operation of the licensed business; or

      10.   If the licensee or any agent or employee thereof makes, causes or permits a sale or sales of any kind of liquor other than that authorized by the class of license the licensee holds.

   B.   Citation To Appear: Except in cases of the automatic cancellation or revocation of a license as in this chapter provided, upon the filing with the city council of a verified complaint charging a licensee with the commission, within one year prior to the date of filing the complaint, of any act or omission which is cause for cancellation, suspension, revocation, restriction or conditioning of a license, the city council forthwith shall issue a citation directing the licensee, within twenty (20) days after service thereof upon the licensee, to appear by filing with the city council the licensee's verified answer to the complaint showing cause, if any the licensee has, why his license should not be terminated, suspended, restricted, or conditions placed thereon. Service of the citation with a copy of the complaint shall be made upon the licensee in one of the following manners:

      1.   By personal service upon any one or more of the persons named in the license as a licensee, service upon one licensee being deemed service upon and notice to all licensees named in the license, service to be made by the chief of police or any police officer of the city or by the county sheriff, or his deputy, or by any citizen of the United States over twenty one (21) years of age; or

      2.   By mailing by depositing in the United States mail a copy of the citation with a copy of the complaint enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at the latest address of record in the city clerk's office. Service shall be deemed complete upon the date of mailing. Without excluding other ways of proof, proof of service by mailing and the date thereof may be made by an affidavit of mailing or by proof of mailing by registered mail or certified mail.

      3.   In case a corporation is a licensee, then such service above specified may be upon the president, or other head of the corporation, or the secretary, or managing agent, or any other officer thereof. In case of service by mailing, it may be addressed to the corporation or to any of the said officers, or managing agent thereof at the latest address of record in the city clerk's office.

Failure of the licensee to answer within the time specified shall be deemed an admission by the licensee of the commission of the act or acts or omissions charged in the complaint and a waiver of all defenses the licensee may have to such charges. Upon such failure to answer, the city council shall revoke the license and shall give notice of such revocation by mailing a copy thereof, by United States mail in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at the latest address of record in the office of the city clerk.

   C.   Hearing: Upon the filing of an answer by the licensee, the city council shall fix the time and place for a hearing and give the licensee and the complainant not less than two (2) days' notice thereof. The notice may be served by depositing in the United States mail a copy of the notice enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee and to the complainant, respectively, at their latest address of record in the office of the city clerk. With the notice to the complainant, there shall be attached to or enclosed a copy of the answer. If either party has appeared by an attorney, notice shall be given to the attorney instead of to the party. In the event the city, the city council, the chief of police, the city attorney or any other city officer or representative acting by or on behalf of the city is the complainant, the notices to and service of answer upon the complainant herein called for shall be dispensed with.

   D.   Conduct Of Hearing; Decision: At the hearing, the complainant and the licensee may appear in person or by attorney, or both, and present relevant evidence and witnesses. After the hearing is concluded and the matter submitted, the city council shall, at that meeting or at its next regularly scheduled meeting after such submission, render its decision, which must be made by the vote of a majority of the members present at the meeting:

      1.   Revoke or cancel the license;

      2.   Suspend the license for such a period of time as the city council deems advisable;

      3.   Place such restrictions upon the license, the licensee and/or the licensee's place of business as the city council deems advisable;

      4.   Make the license and the continued force and effect thereof conditioned upon such terms and conditions as the city council shall deem advisable.

If in the opinion of a majority of all the members elected as council members, the charges set forth in the complaint have not been established or proved, they shall dismiss the complaint.

   E.   Change In Time Restrictions: The city council, may, upon stipulation of the complainant and the licensee, shorten or extend the times herein set in connection with notices, pleadings and hearings. (Ord. 777, 9-10-2013)

   A.   Summary Suspension By Police Chief: The police chief may summarily suspend any liquor license if the police chief determines that such suspension is:

      1.   Reasonably necessary to prevent imminent harm to persons or property due to one or more violations of this chapter by the licensee, including the violation of one or more conditions or restrictions placed in a license certificate; or

      2.   Reasonably necessary to prevent the continuation of flagrant and intentional violations of this chapter upon the licensed premises by the licensee or the licensee's managers, agents and/or employees, including the violation of one or more conditions or restrictions placed in a license certificate.

   B.   Duration: A summary suspension by the police chief shall be for only such period as is reasonably necessary to prevent imminent harm to persons or property and in no case shall exceed twelve (12) hours in duration.

   C.   Notice: Upon summary suspension by the police chief, the police chief or the police chief's designee shall promptly provide the licensee or, if the licensee is not available, the licensee's manager, with written notice setting forth the appeal rights provided herein, together with contact information for the mayor or mayor pro tem, which contact information shall include telephone numbers and electronic mail addresses for the mayor or mayor pro tem.

   D.   Appeal: Any licensee aggrieved by a summary suspension by the police chief shall have the right to immediately appeal the decision of the chief of police to the mayor or the mayor pro tem, which appeal may be communicated to the mayor or the mayor pro tem in writing, verbally, by electronic mail or by telephone. The mayor or mayor pro tem, upon receiving actual knowledge of the appeal from the licensee and the grounds therefor may affirm, modify or reverse the decision of the police chief.

   E.   Liquor Sales Prohibited: During any period of suspension pursuant to this paragraph, the licensee shall cease all liquor sales otherwise permitted by the liquor license.

   F.   Summary Suspension By City Council: Notwithstanding any other provision of this chapter, the city council may suspend summarily any license issued pursuant to this chapter in cases which are determined to be of an aggravated or flagrant violation of this chapter, or of the laws of the state relating to liquors; provided, however, that the city council shall not summarily suspend any license without first finding that such action is immediately necessary for the protection of public health, welfare, safety and/or morals of the public. Such order of suspension shall remain effective until further order of the city council. In the event of a suspension by the city council without prior notice, every licensee shall promptly be given notice in writing of the reason or reasons for such suspension, which shall include a clear and concise description of the acts or omissions upon which the suspension was based. The licensee shall be given an opportunity to be heard at the next regularly scheduled meeting of the city council for which an agenda has not yet been noticed pursuant to Nevada Revised Statutes 241.020, at which hearing the licensee may appear in person, or be represented by an attorney, or both, and present a reasonable number of witnesses and other evidence to show cause, if any there be, why the license should not be revoked, terminated, suspended or conditioned. Notices shall be served and given, the answer filed, and the hearing conducted in the manner and under the procedures provided in section 4-5-13 of this chapter. The licensee may waive the time specified for a hearing and such hearing may be held at any time agreed upon by the licensee and the city council. (Ord. 777, 9-10-2013)

Nothing herein shall prevent a person whose license has been previously terminated or suspended from applying for a reinstatement of the license; provided, the foregoing application for reinstatement shall not be submitted within six (6) months of the date the previous license was terminated or suspended. If a licensee has shown proper cause, the city council may, upon a unanimous vote, reinstate any license which has been previously terminated or suspended and may at such time also remove, change or modify all or any restrictions or conditions which have been set pursuant to this chapter, or may at such time impose any new restrictions or conditions upon the license it deems appropriate. (Ord. 777, 9-10-2013)

   A.   Revocation Through Nonuse: In the event a holder of a license, other than one prevented or prohibited from operating by city council action, shall discontinue business for more than thirty (30) days without the specific approval of the city council, such license shall be revoked automatically, without action of the city council on the day following said thirty (30) day period.

   B.   Continuation Following Death Of Licensee: In the event of the death of a licensee, the personal representative of the estate of the deceased licensee may continue to operate the business under the same license; provided, the personal representative must promptly, but in no case more than thirty (30) days after the death of the licensee, notify the city of the death of the licensee, apply for a new license, and thereafter pay all fees when due and otherwise comply with all requirements of this chapter. The continuation of a liquor license following the death of a licensee pursuant to this chapter shall in no event be for a period in excess of three (3) months. (Ord. 777, 9-10-2013)

At all times while any premises licensed hereunder is open for business, the interior lighting therein shall be sufficient to make easily discernible upon immediately entering the main entrance the appearance and conduct of all persons and patrons in that portion of the premises where liquor is sold, served, delivered or consumed. In no event shall the intensity of such interior lighting be less than one foot (1') candlepower light when measured at a point thirty inches (30") from the floor wherever persons and patrons are sitting or standing within the premises. This section shall apply in all cases except in licensed establishments where floorshows are permitted under city ordinance. In such cases, the floor showroom lights may be dimmed only during the floorshow, and at the conclusion of each floorshow the lighting must then immediately be restored to the minimum standards of light intensity hereinbefore provided. (Ord. 777, 9-10-2013)

All license holders shall remove all bottles, cans, trash, broken glass, debris, and bodily fluids from adjoining city sidewalks, alleyways and rights of way upon closing or by seven o'clock (7:00) A.M., whichever is earlier, on each day licensee is open. (Ord. 777, 9-10-2013)

   A.   Prohibition: It shall be unlawful for any licensee or any bartender, manager, agent, or any other person employed by any licensee to sell, serve, give away, furnish or dispense any kind of liquor to any minor. For the purpose of this section, a person shall be deemed to be employed by a licensee if he or she purports to have the authority to make sales, whether actually receiving a wage or not.

   B.   Defense: In any prosecution or proceeding for the suspension or revocation of any license based upon a violation of subsection A of this section, proof that the defendant licensee or his or her agent or employee, demanded and was shown, immediately prior to furnishing any liquor to a person under the age of twenty one (21) years, bona fide documentary evidence of majority and identity of such person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registered certificate issued under the federal selective service act, or an identification card issued to a member of the armed forces, is a defense to the prosecution or proceeding for the suspension or revocation of any license.

   C.   Written Record: In any case where a licensee, or any person employed by a licensee, demands and is shown the documentary evidence of majority and identity specified in subsection B of this section, the licensee shall, at the time of being shown the documentary evidence, make a written record of at least the following information appearing on the identification document shown, which record shall be retained and reserved by the licensee for one year thereafter: the type of card or evidence shown; the government or subdivision or agency thereof issuing the evidence; the serial or identification number of the document; and the person's full name, age or birth date and description as it appears on the identification card. (Ord. 777, 9-10-2013)

It shall be unlawful for any licensee to employ any minor to sell or handle any liquor of any kind, or to permit any minor to handle such liquor in his or her place of business in any way, except that a person who has attained the age of sixteen (16) years but not yet eighteen (18) years, may be employed in a retail food store for the sale or disposition of liquor if he or she is supervised by a person who is eighteen (18) years of age or over, is an owner or employee of the business which sells or disposes of the liquor, and is actually present at the time the liquor is disposed of or sold, provided the liquor is in a sealed or corked container or receptacle; further provided, however, that grocery store, shopping center, and supermarket licensees affording "box boy" or other delivery service from the place of sale to the purchaser's delivery truck or other means of transporting the liquor, shall be responsible under the foregoing prohibition only until the sale is completed. Notwithstanding the foregoing prohibitions, minors may carry or transport liquors to the purchaser's delivery truck or other means of transporting the liquor, in which event such purchaser shall be deemed to have assumed full and complete ownership of and responsibility for such liquor at the time of delivery to the purchaser. (Ord. 777, 9-10-2013)

   A.   Every person who knowingly:

      1.   Sells, gives or otherwise furnishes liquor to any person under the age of twenty one (21) years; or

      2.   Leaves or deposits any liquor in any place with the intent that the same shall be procured by any person under the age of twenty one (21) years; or

      3.   Furnishes, gives or causes to be given any money or thing of value to any person under the age of twenty one (21) years with the knowledge that the money or thing of value is to be used by the person under the age of twenty one (21) years to purchase or procure any liquor;

is guilty of a violation of this code.

   B.   Subsection A1 of this section does not apply to a parent, guardian or physician of the person under the age of twenty one (21) years. (Ord. 777, 9-10-2013)

   A.   It shall be unlawful for any person, regardless of age, to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document which bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document should be used by a minor for the purpose of obtaining any alcoholic beverage or liquor, or to sell, lend or give away any such card, writing, paper or document to a minor which could be used by a minor for the purpose of obtaining any alcoholic beverage or liquor.

   B.   It shall be unlawful for any minor to use or attempt to use or offer any counterfeit, forged, erased or obliterated card, writing, paper or document of the kind mentioned in subsection A of this section, or to verbally falsely represent his or her age, or to use or attempt to use any other person's identification documents, for the purpose of obtaining any alcoholic beverage or liquor from any person within the city. (Ord. 777, 9-10-2013)

It shall be unlawful for any minor to purchase, obtain or receive in any manner within the city any liquor or alcoholic beverage of any kind from any person; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of such parent or guardian; further, except that a minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities. (Ord. 777, 9-10-2013)

It shall be unlawful for any minor to have in his or her custody or possession within the city any alcoholic beverage or liquor of any type or kind, except any sealed alcoholic beverage in the regular course of his or her legitimate employment. (Ord. 777, 9-10-2013)

   A.   It shall be unlawful for any minor to consume any kind of alcoholic beverage or liquor in or about the premises of any licensed establishment of the city or elsewhere within the city.

   B.   It shall be unlawful for any minor to be in possession of any kind of alcoholic beverage or liquor through consumption anywhere in the city; except that at the direction and in the company of a parent or guardian, a minor may consume an alcoholic beverage in the residence of the parent or guardian; except that minor may consume an alcoholic beverage for the purpose of following the direction of a licensed medical practitioner; or except that a minor may consume an alcoholic beverage for the purpose of participation in legitimate religious activities. Possession by consumption shall consist solely of the assimilation of alcohol in the minor's body, and such crime shall not require proof of possession or control prior to consumption or proof of the act of swallowing an alcoholic beverage or liquor.

   C.   It shall be unlawful for any minor who has consumed any kind of alcoholic beverage or liquor at the direction and in the company of a parent or guardian in the home, to leave the home and go out into the city while alcohol is still present in the minor's body. Such a minor shall be guilty of possession through consumption as provided for in subsection B of this section.

   D.   For purposes of this section, any peace officer may detain any minor whom the officer encounters under circumstances which reasonably indicate that the minor has committed or is committing one of the crimes enumerated in subsections A through C of this section. At any time after this detention, the minor so detained shall be arrested if probable cause for an arrest appears. (Ord. 777, 9-10-2013)

   A.   No minor shall spend time in or remain in the bar area of the premises of any licensee hereunder where liquors of any kind are sold or served.

   B.   It shall be unlawful for any licensee hereunder, or the bartender, manager, agent or any other employee of any licensee, to knowingly allow or permit any minor to remain in the bar area of the premises of the licensee where liquor of any kind is sold or served.

   C.   Nothing in subsections A and B of this section shall apply to:

      1.   The areas, other than the bar and gaming areas, of the establishments wherein liquor of any kind is sold at a bar in an establishment which operates and maintains dining tables or booths or lunch counters, or hotel or motel accommodations, or other types of businesses separate from the bar; or

      2.   Any grocery store or drugstore where liquor of any kind is not sold by the drink for consumption on the premises. (Ord. 777, 9-10-2013)

It shall be unlawful for any licensee under the provisions of this chapter, or any manager, bartender, servants, agents or other employees thereof, to be in an intoxicated condition in or about the licensee's business premises while performing his or her duties in connection with the business. (Ord. 777, 9-10-2013)

   A.   Every licensee shall conduct and maintain his premises in a clean and orderly manner.

   B.   It shall be unlawful for any licensee hereunder, or any bartender, manager, agent, employee of such licensee or any other person in charge of any saloon or bar, to knowingly allow or permit any of the following persons to remain on the licensee's premises or to sell or give, or to permit to be sold or given any liquor to any of the following:

      1.   A person who is visibly intoxicated;

      2.   Any person having, carrying or exhibiting any knife, gun, pistol or other deadly weapon;

      3.   Any person whose conduct is tumultuous or offensive, or who is threatening, traducing, quarreling, challenging to fight, or fighting on or in the immediate vicinity of the licensee's premises.

      4.   A person who provides liquor to another person who is visibly intoxicated.

   C.   A person is visibly intoxicated if it can reasonably be determined through direct observation that the person's mental and physical faculties are impaired because of ingestion of liquor or drugs so as to diminish the person's ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties and using reasonable care, would think and act in like circumstances.

   D.   Signs of visible intoxication may include, but are not limited to, one or more of the following clues which appear from the circumstances, provided they occur during or following the ingestion of liquor or drugs:

      1.   Mood changes;

      2.   Slurring or mistakes in speech;

      3.   Irrational or nonsensical statements;

      4.   Raised speaking voice;

      5.   Clumsiness;

      6.   Fumbling with change;

      7.   Loss of balance or coordination;

      8.   Swaying or staggering;

      9.   Confusion;

      10.   Lack of ability to hear or respond;

      11.   Bumping into or knocking over furniture;

      12.   Falling down;

      13.   Dozing while sitting at a bar or table;

      14.   Heavy eyelids;

      15.   Glassy eyes;

      16.   Crude behavior;

      17.   Vomiting;

      18.   Spilling drinks;

      19.   The inability to find one's mouth with drinking vessel;

      20.   Inappropriate sexual advances;

      21.   Aggression or belligerence; and/or

      22.   Inability to light a cigarette. (Ord. 777, 9-10-2013)

No civil judgment, or any act or suit by the city attorney, the city clerk or the violator shall bar or prevent a prosecution for each and every violation of this chapter. (Ord. 777, 9-10-2013)

Every person violating any of the provisions of this chapter shall, upon conviction therefor, be punished as provided in title 1, chapter 3 of this code. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 777, 9-10-2013)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 777, 9-10-2013)

Any licensee under the provisions of this chapter must post in a conspicuous place in the premises for which the license is issued, the following notice to customers:

   NOTICE TO CUSTOMERS

(Ord. 777, 9-10-2013)

   A.   Application: Any person in charge of giving away, selling or serving liquor during a "special event" which is scheduled to be held in the incorporated city limits, is open to the public and which is properly licensed and/or permitted, may apply to the city clerk for a special events liquor license or a special events beer and wine liquor license.

   B.   Procedures: The applicant for a special events liquor license or a special events beer and wine liquor license shall follow the procedures set forth in section 4-5-4 of this chapter with regard to the preparing and filing of an application for such license.

   C.   Name Of Responsible Person: The applicant shall designate a person responsible for serving alcohol during the event and shall provide the city clerk with that person's name, address and telephone number.

   D.   Department Of Taxation: Contain proof of any licensing or certificate of good standing required by the Nevada department of taxation.

   E.   Health Department: Contain proof of approval by the Nevada state health department with respect to any required inspections.

   F.   City Departments: Contain verification by the fire marshal and police department that the licensee's fixed place of business has met all applicable city code requirements.

   G.   Fee: The application shall be accompanied by the appropriate license fee for the period for which the special events liquor license or special events beer and wine liquor license is sought.

   H.   Submission; Approval: The application shall be submitted to the city clerk or the deputy clerk and must be approved by the chief of police or assistant chief of police and either the city manager or assistant city manager or the city clerk or deputy clerk prior to issuance of the license by the city clerk or the city clerk's designee.

   I.   Caterer's Liquor License Substitution: A caterer's liquor license shall not substitute for a special events liquor license or special events beer and wine liquor license.

   J.   Restrictions And Conditions: The city may place appropriate restrictions or conditions on a special event liquor license or a special event beer and wine liquor license to the extent necessary for the protection of public health, safety and welfare.

   K.   Appeal: If the special events liquor license or special events beer and wine liquor license application is rejected, or if the applicant disagrees with the restrictions or conditions placed on the license, the applicant shall have the right of appeal to the city council within twenty (20) days thereof. (Ord. 777, 9-10-2013)

   A.   Authority To Install Signs Prohibiting Consumption Or Possession Of Alcoholic Beverages: The city manager shall cause to be placed and maintained signs and/or control devices in areas of the city park system as approved by the city council to prohibit the consumption or possession of alcoholic beverages.

   B.   Unlawful Consumption Or Possession Of Alcoholic Beverages: It is unlawful for any person to consume or have in possession any alcoholic beverage in any area of the city park system that has been designated by approved signs or control devices prohibiting the consumption or possession of any alcoholic beverage. (Ord. 777, 9-10-2013)

Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the following meanings:

   FOLIO: Document that summarizes or itemizes guest charges.

   LESSEE: Any person renting rooms, spaces or other accommodations from a licensee.

   LICENSEE: Any person operating or conducting a transient lodging rental business.

   RECREATION FACILITY OR RECREATION FACILITIES: A place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, ski facilities, golf courses, natural reservoirs, recreation grounds, fairgrounds, exposition buildings, convention halls, field houses, amusement halls and recreation centers.

   RENTAL BUSINESS: A. Rent: The act of permitting a person to use or occupy any portion of a transient lodging rental business in exchange for compensation, the act of using or occupying any portion of a transient lodging rental business in exchange for compensation, or the compensation paid for such use or occupancy. The terms "rent" and "lease" shall have the same meaning in this chapter.

   B.   Transient Lodging: A form of lodging in which a room, space or other accommodation is rented to a person for a period of less than twenty eight (28) consecutive calendar days for use by the same tenant, to include any room, space or other accommodation that is rented to the same tenant in successive terms, the total of which consecutive terms is less than twenty eight (28) consecutive calendar days, but not to include any room, space or other accommodation that is rented to a tenant who is a natural person and who signs, prior to the commencement of the tenancy, a Transient Occupancy Tax 28-Day Exemption Form in the manner required by this chapter.

   C.   Transient Lodging Rental Business: Any business having one or more rooms, spaces or other accommodations that provides transient lodging to tenants in exchange for compensation. In the event a business rents a portion of its rooms, spaces or other accommodations for terms of less than twenty eight (28) days and another portion of its rooms, spaces or other accommodations for terms of twenty eight (28) days or more, only those rooms, spaces or other accommodations rented for terms of less than twenty eight (28) days shall constitute a "transient lodging rental business".

   TAX ADMINISTRATOR: When used in this chapter, the Elko City Clerk.

   TAX ON TRANSIENT LODGING: A tax imposed herein on the rental of transient lodging by the authority of the laws of Nevada and especially Nevada Revised Statutes sections 268.095 and 268.096, and all amendments thereto.

   TENANT: The person actually occupying a room, space or other accommodation in a transient lodging rental business, regardless of the method or means of payment. (Ord. 627, 11-9-2004; amd. Ord. 828, 5-8-2018, eff. 7-1-2018)

Effective the month following the passage of this ordinance, there is hereby fixed and imposed on every licensee operating a transient lodging rental business within the City a Transient Lodging Tax in the total amount of fifteen percent (15%) to be collected as follows:

   Fifteen percent (15%) of the gross income actually received, excluding the Transient Lodging Tax, by each licensee in exchange for transient lodging rentals, shall be paid as a tax on transient lodging. Complimentary transient lodging (transient lodging which is provided at no cost to the occupant) is nontaxable. To be considered complimentary transient lodging, the transient lodging must be provided on an individual basis and not as part of any established package, advertised or otherwise, which includes other products or services. (Ord. 828, 5-8-2018, eff. 7-1-2018; amd. Ord. 875, 1-24-2023)

   A.   It shall be unlawful for any person, either for himself or for another person, to commence or to carry on any transient lodging rental business without first having procured a license from the Tax Administrator so to do; provided, that a licensee may secure the license within ten (10) days of commencement of business and the license shall be issued as of the date of the commencement of business.

   B.   The Tax Administrator shall, upon receipt of an application for a license, issue a license to such applicant who shall keep the same posted in his place of business in a conspicuous place. (Ord. 627, 11-9-2004)

There shall be, and hereby is, exempted from the tax on transient lodging, each rental by any person who rents transient lodging if:

   A.   The transient lodging is directly reserved and paid for by a Federal, State or local governmental entity, to include a school district; provided, a Governmental Agency Exemption Claim Form must be completed and retained in accordance with the retention standards set forth in subsection 4-6-11B of this chapter; or

   B.   The tenant signs, prior to occupancy, a contract, lease, or other written agreement, or signs a Transient Occupancy Tax 28 Day Exemption Form, pursuant to which the tenant promises to stay at the subject transient lodging facility for a period of at least twenty eight (28) days. Notwithstanding the foregoing, if the occupant does not stay at the transient lodging facility for at least twenty eight (28) days, the operator shall pay to the City the Transient Lodging Tax due for the period the room was occupied. Except as otherwise provided in this chapter, no rental shall be deemed to have been made for a period of twenty eight (28) days or more unless the room or rooms rented to the tenant are continuously occupied by the tenant for twenty eight (28) continuous calendar days without interruption. (Ord. 828, 5-8-2018, eff. 7-1-2018)

Each licensee is, and shall be, required to add the amount of the Transient Lodging Tax onto the amount of the transient lodging rentals due from each lessee. The amount of the tax shall be displayed separately from the price of the transient lodging rent on the registration card or other record of the licensee. (Ord. 627, 11-9-2004)

Each licensee shall prominently display in each room, space or other accommodation rented or at the option of the licensee, in the lobby at or in the immediate vicinity of the registration desk, a sign reading substantially as follows:

(Ord. 794, 5-12-2015, eff. 7-1-2015; amd. Ord. 875, 1-24-2023)

Licenses required by this chapter shall be issued by the City Clerk. Such licenses may be issued by the City Clerk on an annual calendar year basis; or on a semiannual calendar year basis, the first period being from January 1 through June 30 of such year and the second period being from July 1 through December 31 of such year; or on a quarterly basis, the first quarter commencing January 1 and ending March 31, the second quarter commencing April 1 and ending June 30, the third quarter commencing July 1 and ending September 30 and the fourth quarter commencing October 1 and ending December 31. All licenses issued shall be valid for the period of time specified in such license. No licenses issued hereunder shall be transferable. There shall be no charge made to the licensee for any license issued hereunder. (Ord. 627, 11-9-2004)

The City Clerk is hereby authorized and empowered to collect the proceeds of this Transient Lodging Tax, together with any and all interest and penalties in connection therewith, and to enforce by all appropriate and lawful means the provisions of this chapter, and to bring suit therefor as well as to proceed by any appropriate criminal action. The City Clerk is also hereby authorized and empowered to collect information related to daily occupancy and average daily rate; however, such information shall be deemed confidential pursuant to Nevada Revised Statutes section 268.490 (records; confidentiality). (Ord. 627, 11-9-2004)

Every licensee shall pay the Transient Lodging Tax to the City Clerk on or before the fifteenth day of the month when such tax shall accrue and shall submit the payment with a completed form supplied by the City entitled "Operator's Transient Lodging Tax Return". Payment of the Transient Lodging Tax shall become delinquent at five o'clock (5:00) P.M. on the fifteenth day of the month. All electronic payments must be transmitted and received by the City Clerk on or before five o'clock (5:00) P.M. on the fifteenth day of the month. Notwithstanding the foregoing, mailed payments postmarked on or before the tenth day of the month will not be assessed delinquent fees. (Ord. 828, 5-8-2018, eff. 7-1-2018)

The Transient Lodging Tax in the total amount of fifteen percent (15%) of the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals pursuant to section 4-6-2 of this chapter shall be allocated and used by the City on the following percentages under the following categories. The Transient Lodging Tax allocation shall be reviewed annually by the City Council:

   A.   All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals for the Recreation Transient Lodging Tax Fund in the amount of six and one-eighth percent (61/8%) shall be deposited in a special fund in the City Treasury to be known as or designated as the Recreation Fund.

   C.   All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals in the amount of one percent (1%), promotion of tourism Transient Lodging Tax, shall be paid as follows:

   D.   All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals for the Western Folklife Center Transient Lodging Tax Fund in the amount of one-fourth of one percent (0.25%) shall be paid to the Western Folklife Center Fund as collected on and after July 1, 1998.

   E.   All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals for the Agricultural District 4 Transient Lodging Tax, in the amount of one-half of one percent (0.5%) shall be paid to Agricultural District 4 as collected on and after July 1, 1998.

   F.   All proceeds from the gross income actually received, excluding the Lodging Tax, by each licensee for transient lodging rentals for the marketing/tourism promotion Transient Lodging Tax in the amount of one and one quarter percent (1¼%) shall be paid to the Elko Convention and Visitors Authority on the condition that it creates a separate marketing and tourism promotion fund to account for all collections and expenditures made on and after July 1, 2001. Effective January 1, 2033 the percentage of Transient Lodging Tax paid to the Elko Convention and Visitors Authority Marketing Fund reverts back to one and three fourths percent (1¾%).

   G.   All proceeds from the gross income actually received on or after April 1, 2025, excluding the Lodging Tax, by each licensee for transient lodging rentals for the marketing/tourism promotion Transient Lodging Tax in the amount of two and one quarter percent (2¼%) shall be paid to the Elko Convention and Visitors Authority Facility Expansion Fund on the condition that it has a Facility Expansion Fund to account for all collections and expenditures, and the refinanced debt payments to Elko County and JP Morgan/Chase for the Conference Center will be paid out of this Facility Expansion Fund. Any balance remaining in the Facility Fund restricted for the Conference Center debt balloon payment will be transferred to the ECVA Facility Expansion Fund without restriction to the ECVA Conference Center debt balloon payment. Effective January 1, 2033 the percentage of Transient Lodging Tax paid to the Elko Convention and Visitors Authority Facility Fund will decrease to three-fourths percent (¾%) and the condition that the refinanced debt payment for the Conference Center be paid out of this Facility Expansion Fund will expire. No portion may be used for salaries or benefits.

   H.   All proceeds from the gross income actually received on or after August 1, 2022, excluding the Lodging Tax, by each licensee for transient lodging rentals for the marketing/tourism promotion Transient Lodging Tax in the amount of one and one quarter of a percent (1.25%) shall be retained in the Recreation Fund and designated for Air Alliance Airline Revenue Guarantee Program(s).

   I.   All recipients of the Transient Lodging Tax shall render to the City an annual account showing in detail the use of all Transient Lodging Tax received from the City. (Ord. 828, 5-8-2018, eff. 7-1-2018; amd. Ord. 873, 8-23-2022; Ord. 875, 1-24-2023; Ord. 898, 4-8-2025, eff. 4-1-2025)

The Tax Administrator and his duly authorized agent are empowered to examine and audit the books, papers and records of any licensee or person operating a transient lodging rental business and to make investigations in connection therewith. Audits will cover a three (3) year period. The audit will be conducted at no expense to the licensee.

   A.   Required Records: Each licensee is required to maintain daily records which support amounts reported on the Operator's Transient Lodging Tax Returns. These daily records shall include, without limitation, the following information:

      1.   Total rooms available and occupied.

      2.   Total daily gross room receipts.

      3.   Total amount of Transient Lodging Tax collected.

      4.   Number of rooms, spaces or other accommodations provided for no compensation.

      5.   Contract, lease, Transient Occupancy Tax 28-Day Exemption Forms or rental agreement.

      6.   Government Agency Exemption Claim Forms.

      7.   Any and all documentation used to complete the Operator's Transient Lodging Tax Return, to include all documents that support the calculations shown on the return.

An acceptable record retention practice includes maintaining bound receipt books, guest folios, registration cards, daily transaction reports, general ledgers, cash journals, register and/or computer printouts, computerized records, and any other books and records deemed reasonably necessary to support all information supplied to the City as required by this chapter. Licensees shall retain and provide all documents that support revenues and exemptions reported to the City.

   B.   Retention Of Records: Every licensee shall keep all records which must be maintained pursuant to this section for a period of not less than four (4) years from the close of the accounting year to which the returns relate.

   C.   Availability Of Records: Upon written notification of a Transient Lodging Tax audit, the licensee shall provide the City or City auditors with all records supporting the Transient Lodging Tax returns filed with the City of Elko during the audit period. These records shall be made available to the City or City auditors at the transient lodging rental business or the offices of the City of Elko within ten (10) business days of the date the notice is sent, unless other arrangements are made with the City of Elko.

If the Transient Lodging Tax audit is conducted at the transient lodging rental business, the licensee shall provide reasonable accommodations to the City auditors. The City auditors may be City employees or independent contractors acting on the City's behalf.

Auditors may make copies of all original records reviewed in the course of conducting the audit. Auditors may request copies of records which must be provided by the licensee either through copy, e-mail, CD or flash drive to be retained as part of the audit work papers which substantiate the audit findings.

Failure of a licensee to retain or refusal of a licensee to furnish any such records required to be maintained pursuant to this section may provide grounds for the assessment of a deficiency in the payment of the Transient Lodging Tax for the period that is subject to the audit. The City may utilize any available data or other information to calculate the correct Transient Lodging Tax for the period being audited.

   D.   Failure To Cooperate With A Transient Lodging Tax Audit: Upon determination by the City Clerk that a licensee is failing to cooperate with an auditor conducting an audit of Transient Lodging Tax returns pursuant to this section, the City Council may terminate, suspend or revoke the licensee's business license pursuant to section 4-1-14 of this title. Failing to cooperate, as that term is used in this subsection, includes refusing to provide sufficient information to the auditor in order to conduct the audit.

   E.   Notice of Audit Determination: Following the completion of an audit pursuant to this section, the City will provide a written determination of the audit results to the licensee. The foregoing notice may be served personally, by certified mail, and/or e-mail.

   F.   Time Limitation: If the City Clerk assesses an additional amount for underpayment or nonpayment of Transient Lodging Tax, the licensee has thirty (30) calendar days in which to pay the assessed amount and/or file a written notice appeal of the findings with the City Clerk.

   G.   Appeals: Appeals of an assessment by the City Clerk pursuant to this subsection shall be placed on a City Council agenda for consideration no later than sixty (60) days from the date the notice of appeal is filed with the City Clerk. The decision of the City Council to uphold the assessment, in whole or in part, shall be deemed a final decision for purposes of judicial review. The licensee shall thereafter have thirty (30) calendar days in which to file a petition for judicial review with the Fourth Judicial District Court in and for the County of Elko, State of Nevada.

Should the City Clerk determine that a credit for overpayment of a Transient Lodging Tax is due, the credit will be refunded to the licensee within thirty (30) calendar days from the date of the determination. (Ord. 828, 5-8-2018, eff. 7-1-2018; amd, Ord. 875, 1-24-2023)

If the Transient Lodging Tax is not paid on or before five o'clock (5:00) P.M. on the fifteenth day of the month in which it becomes due, or if such day falls on a Saturday, Sunday or legal holiday, by five o'clock (5:00) P.M. on the next succeeding day not a Saturday, Sunday or legal holiday, then the licensee shall pay a penalty of ten percent (10%) of the unpaid, due and delinquent Transient Lodging Tax, and the licensee shall also pay the costs of collection of the tax, penalty, court costs and attorney fees. In addition, the licensee shall pay interest on the amount due at the rate of 1.5 percent per month from the date on which the tax became due until the date of payment. If payment of the Transient Lodging Tax is not received within sixty (60) calendar days following the fifteenth day of the month when due, the City may thereafter place a lien on the property upon which the transient lodging rental business is located in the manner set forth in Nevada Revised Statutes 268.095, as amended. If payment of the Transient Lodging Tax is not received within seventy (70) calendar days following the fifteenth day of the month when due, the City may terminate, suspend or revoke the transient lodging rental business's business license in the manner outlined in section 4-1-14 of this title. (Ord. 832, 6-26-2018)

The City Council shall use the proceeds of the Transient Lodging Tax provided by this chapter for the following use, uses, purpose or purposes, or any one or more thereof, at such times, in such amounts and in such manner as they shall determine, from time to time:

   A.   Recreation Fund Tax On Transient Lodging:

      1.   Operating and maintaining recreation facilities under the jurisdiction of the City Council.

      2.   Improving, extending and bettering such recreation facilities.

      3.   Constructing, purchasing or otherwise acquiring such recreation facilities.

      4.   Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any Federal law if the City Council finds that such flood control project will improve, better and protect such recreation facility, the City Council shall have the power and authority to give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the location and cooperation required for such flood control project by such Federal law will be furnished by the City to the extent that the City Council shall determine.

      5.   To establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreation facilities within or without the City, including personal property, real property, lands, improvements and fixtures thereof, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.

      6.   To accept contributions, grants or other financial assistance from the Federal government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions, or from any other source, for or in aid of any recreation facility within the area of operation of the City Council, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.

      7.   To use such funds to pay the necessary expense of imposition, collection and expenditure of this Transient Lodging Tax and the proceeds thereof.

      8.   To use such proceeds to repay any loans, debts or bonded indebtedness that the City Council may incur in connection with such recreation facilities, and that in that connection to pledge this Transient Lodging Tax and the proceeds thereof as security for the repayment of any such loans, debts, obligations secured by bond, bonds, and other indebtedness which may be incurred in connection with such recreation facilities.

      9.   For marketing and/or promotion of transportation services serving the City.

   B.   Elko Convention And Visitors Authority On Transient Lodging Tax Fund: To pay the proceeds thereof to the Elko Convention and Visitors Authority, to be used by it for any lawful purposes, as it shall determine in carrying out its powers under Nevada Revised Statutes chapter 227, as may be amended from time to time.

   C.   Promotion of Tourism on Transient Lodging Tax Fund:

   D.   Western Folklife Center On Transient Lodging Tax Fund: To donate the proceeds thereof to the Western Folklife Center, a Utah corporation licensed to do business in the State of Nevada, to be used by it to help operate and finance cultural and educational activities within the City relating to the events and activities which said corporation engages in within the City.

   E.   Agricultural District 4 On Transient Lodging Tax Fund: To donate the proceeds thereof to the Agricultural District 4 to be used by it for any lawful purposes as it shall determine in carrying out its powers pursuant to applicable Nevada Revised Statutes provisions.

   F.   Marketing/Tourism Promotion On Transient Lodging Tax Fund:

      1.   To use for marketing and destination development efforts to increase business and leisure travel to Elko on a state, regional, national and international level. The Elko Convention and Visitors Authority will determine the appropriate marketing campaigns, sponsorships, packages and programs to be funded by this tax.

      2.   This tax may be used for administration or overhead related to marketing of Elko Convention and Visitors Authority facilities and tourism to the area for the Elko Convention and Visitors Authority.

      3.   The City will exercise reasonable efforts to provide, on a monthly basis, summary reports of the confidential room occupancy reports to the Elko Convention and Visitors Authority and the City Council as a tool to monitor the success of the marketing efforts funded by this tax.

   G.   Effective the month following the passage of this ordinance two and one quarter percent (2¼%) Transient Tax shall be paid to the Elko Convention and Visitors Authority on the condition that it creates a separate Facility Fund to account for all collections and expenditures. One and one-half percent (1½%) of the two and one quarter percent (2¼%) will be reserved for the Conference Center debt balloon payment due in March, 2026. Effective April 1, 2026 the Transient Lodging Tax paid to the Elko Convention and Visitors Authority Facility Fund will revert back to three fourths of a percent (.75%). No portion may be used for salaries or benefits.

   H.   Beginning April 1, 2026 and ending December 31, 2032 one and one-half percent (1½%) Transient Tax shall be paid to the Elko Convention and Visitors Authority Capital Improvement Fund. No portion may be used for salaries or benefits.

   I.   Beginning the month following the passage of this ordinance, one-half of one percent (.5%) of the ECVA marketing fund will go to the ECVA facility fund resulting in a total of one and one quarter of a percent (1.25%) of Transient Lodging Tax allocated to the ECVA Marketing Fund. No portion may be used for salaries or benefits.

   J.   Beginning August 1, 2022 one and one quarter of a percent (1.25%) shall be retained in the Recreation Fund and designated for Air Alliance Airline Revenue Guarantee Program(s). (Ord. 828, 5-8-2018, eff. 7-1-2018; amd. Ord. 858, 4-13-2021; Ord. 875, 1-24-2023)

Any person aggrieved by the provisions contained herein shall present his claim to the City Council prior to seeking any other form of administrative relief or judicial relief, except as otherwise required by law. The City Council shall have the authority to grant any appropriate relief from the provisions of this chapter, to include the authority to refund, with interest if appropriate, to any licensee, any Transient Lodging Tax improperly collected by the City Council or the City Clerk from such licensee and to include the authority to grant relief to any person who is determined by the City Council to have been adversely affected by any retroactive amendments to this chapter. (Ord. 627, 11-9-2004)

   A.   The City Clerk is hereby empowered and authorized to designate the form of and have prepared or printed all stationery, supplies, records, notices, receipts, licenses and other forms that the City Clerk deems necessary or advisable in connection with the collection, administration and disbursement of the proceeds of this Transient Lodging Tax, and to obtain all supplies, records and other property and equipment deemed necessary by the City Clerk in connection with the collection, administration, use and disbursement of the said Transient Lodging Tax proceeds. All costs, expenses, charges and debts incurred by the City, or by the City Clerk under the provisions of this chapter, in connection with the imposition, collection, administration, use and disbursement of this Transient Lodging Tax and the proceeds thereof shall be paid out of the Recreational Fund provided for in this chapter.

   B.   The licensee shall complete all forms required by this chapter in their entirety. The licensee may supply additional information as an addendum to any form required by this chapter to the extent reasonably necessary to supply complete and accurate information to the City. (Ord. 828, 5-8-2018, eff. 7-1-2018)

Any person violating any of the provisions of this chapter, or failing or refusing to collect or pay the Transient Lodging Tax proceeds as herein provided, shall, upon conviction thereof, be punished as provided in title 1, chapter 3 of this Code. Each day's violation of the provisions of this chapter may be deemed a separate offense. The City, by and through its City Clerk, or Mayor and/or City Council, is further empowered and authorized to pursue all rights, remedies, procedures, claims and causes of action it may have at law or in equity to enforce the provisions of this chapter and to collect this Transient Lodging Tax from the persons owing the same, by civil action, including, without being limited to, injunctions. (Ord. 627, 11-9-2004)

Whenever used in this chapter, the following words shall have the meaning described in this section, unless the context clearly indicates a different meaning:

   JUNK: Includes old iron, copper, brass, lead, zinc, tin, steel and other metal; metallic cable; wire; rope; cordage, bottles; glass; bagging; rags; rubber; paper; wrecked, dismantled or discarded vehicles and machinery which are not going to be repaired, rebuilt or restored to operation; bodies, parts and pieces of wrecked, dismantled or discarded vehicles and machinery; and all other discarded or castoff articles or material of any kind.

   JUNK DEALER: Every person engaged in the business of buying or selling hides or junk.

   JUNK SHOP: Any place where junk of any kind is bought or sold.

   JUNKYARD OR SALVAGE YARD: The place or premises where the operation or business of salvaging, breaking up, wrecking, dismantling, burning, accumulating, storing, buying or selling junk is conducted.

   WRECKING YARD: A place where vehicles, machinery or equipment are dismantled or wrecked. (Ord. 158, 6-8-1965)

It shall be unlawful for any person to locate, establish, maintain, conduct or operate a junk shop, junkyard or salvage yard, or wrecking yard, or do business as a junk dealer, within the city without first making application for and receiving from the city council or the city clerk a license to carry on or conduct such business pursuant to applicable licensing provisions of this code, as amended from time to time. (Ord. 158, 6-8-1965)

It shall be unlawful for any person to locate, establish, maintain, conduct or operate a junk shop, junkyard or salvage yard, or wrecking yard, or be a junk dealer, within the city except in strict compliance with the terms and conditions of this chapter. (Ord. 158, 6-8-1965)

All junk shops, junkyards and salvage yards and wrecking yards shall be located, established, maintained, conducted and operated within an enclosed building, or within an area enclosed by a fence, which said fence shall be constructed in accordance with the following specifications:

   A.   Construction: All fences shall be totally opaque; shall be constructed of wood, wood products, masonry, plastics or metal which are standard or normal fencing materials; and shall be so constructed so that the portion of the fence visible from the outside of the fenced premises shall be of uniform construction of any one or more of such standard fencing materials and shall be the finished side of the fence.

   B.   Height: All such fences shall be of a height of not less than six feet (6').

   C.   Painting: All such fences which are constructed of other than new building materials, and all such fences whether constructed of new or salvaged buildings which are painted, shall be painted a uniform color over the entire area thereof facing away from fenced premises.

   D.   Building Permit Required: A building permit shall be required before any such fence shall be constructed and all such fences shall be constructed in compliance with applicable ordinances of the city.

   E.   Signs: No sign, lettering, printing, advertising, pictures, designs or other writing shall appear on the side of any such fence normally visible to the public unless a permit therefor shall have been issued in accordance with the applicable ordinances of the city governing signs and outdoor advertising displays.

   F.   Openings: Openings in any such fences for the purpose of ingress and egress shall be limited to sixteen feet (16') in width, and there shall be no more than one such opening for each two hundred feet (200') of required fence. Such opening shall be equipped with gates or doors designed to present an appearance as nearly uniform as possible with the fence construction. Such gate shall be closed and locked at all times other than the normal operating hours of the business conducted within.

   G.   Maintenance: All such fences shall be maintained and kept in good repair and the painted surfaces of such fences shall be kept properly painted. (Ord. 158, 6-8-1965)

All junk dealer, junk shop, junkyard, salvage yard and wrecking yard business, activities and operations shall be carried on only within the applicable enclosure required by section 4-7-4 of this chapter, and in accordance with the following:

   A.   Maintenance Of Premises: Such premises shall at all times be maintained in a manner not to create a nuisance or menace to the health of the community or the residents nearby, or to create a place for the breeding of rodents and vermin.

   B.   Garbage And Refuse: No garbage or other organic waste, refuse or rubbish, or inflammable or explosive liquids, articles or substances shall be stored on or about such premises, provided, this provision shall not prevent the installation and use on the premises for service station facilities for the fueling, lubrication and servicing of automobiles, trucks and other vehicles and the installation of gasoline pumps with underground storage tanks for dispensing automotive fuels; provided, further, that new, used and salvaged tires may be stored on such premises.

   C.   Use Of Containers Or Boxes: All rags, bagging and paper stored on the premises or any portion thereof shall be bagged, baled, tied or placed in containers or boxes suitable to prevent the scattering of any such items.

   D.   Weeds And Vegetation: All weeds and vegetation, other than landscaping or other ornamental plantings, shall be controlled and removed from the premises to the extent that no such weeds or vegetation on or about the premises exceeds two inches (2") in height.

   E.   Storage Of Junk: No junk or other materials shall be stored except within the enclosed area, specifically excluding as an area of storage the sidewalk, alley, street, curb areas and vacant lots in, about or near the premises.

   F.   Stacking Height: Junk or other materials shall not be stacked within the enclosed area to a height exceeding six feet (6').

   G.   Removal Of Gasoline And Oil: Whenever any vehicle is placed on the premises for any purpose other than for repair and restoration to service, all gasoline and oil shall be immediately drained and removed therefrom, and placed in a safe storage location. (Ord. 158, 6-8-1965)

This chapter shall be applicable to all junk dealer, junk shop, junkyard, salvage yard and wrecking yard operations, whether the same is carried on as a separate and independent business or in conjunction with garages, repair shops, service stations or other types of business. (Ord. 158, 6-8-1965)

No junk shop, junkyard, salvage yard or wrecking yard shall be located, established, maintained or operated except in a zone designated as industrial by the applicable zoning laws of the city. Presently existing junk shop, junkyard, salvage yard or wrecking yard operations may continue in a zone other than industrial for a period of not longer than five (5) years after this chapter becomes effective, and if during such time any such nonconforming use is abandoned, or is discontinued for a period of thirty (30) days or more, such nonconforming use shall not be permitted to be reestablished upon said location, but must be in conformity with the provisions of this chapter. (Ord. 158, 6-8-1965)

Presently existing junk shops, junkyards, salvage yards and wrecking yards shall have two (2) years from the effective date hereof to comply with the provisions of section 4-7-4 of this chapter. (Ord. 158, 6-8-1965)

Junk shops, junkyards, salvage yards and wrecking yards which are presently located and continue to be located at least four hundred feet (400') from any county road, state or federal highway, occupied dwelling houses (unless said occupied dwelling house is owned by the same person who holds title to the land upon which the junkyard is located), licensed business or platted street shall be excepted from the provisions and requirements of section 4-7-4 of this chapter. Should any such road, street, highway, occupied dwelling house or licensed business be established within a four hundred foot (400') distance of any such junk shop, junkyard, salvage yard or wrecking yard, then and in that event, said junk shop, junkyard, salvage yard or wrecking yard must comply with section 4-7-4 of this chapter within two (2) years from the establishment of said road, street, highway, occupied dwelling, house or licensed business. (Ord. 158, 6-8-1965)

The license of any person operating a junk shop, junkyard, salvage yard or wrecking yard, or who is licensed as a junk dealer, may be forfeited or revoked by the city council for any violation of the provisions of this chapter. (Ord. 158, 6-8-1965)

Every person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3, of this code. Each day's violation of any of the provisions of this chapter shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 158, 6-8-1965; amd. Ord. 241, 12-14-1976)

In addition to the remedies provided in the preceding sections, any continued violation of this chapter may be abated by appropriate proceedings instituted by the city or by any party in interest. (Ord. 158, 6-8-1965)

This chapter shall be known as and may be cited as the ELKO CABLE TELEVISION FRANCHISE ORDINANCE. (Ord. 425, 7-28-1992)

For the purpose of this chapter, the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number:

   AFFILIATE: An entity which owns or controls, is owned or controlled by, or is under common ownership with grantee.

   BASIC CABLE: The tier of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals.

   CABLE ACT: The cable communications policy act of 1984, as amended.

   CABLE SERVICE: A. The one-way transmission to subscribers of video programming or other programming service; and

   B.   Subscriber interaction, if any, which is required for the selection of such video programming or any other lawful communication service.

   CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment or other communications equipment that is designed to provide cable service and other service to subscribers.

   FCC: The federal communications commission, or successor governmental entity thereto.

   FRANCHISE: The initial authorization, or renewal thereof, issued by the franchising authority, whether or not such authorization is designated as a franchise, permit, license, ordinance, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers.

   FRANCHISE AUTHORITY: The city of Elko, Nevada, or the lawful successor, transferee or assignee thereof.

   GRANTEE:   TCI Cablevision of Nevada, Inc., or the lawful successor, transferee or assignee thereof.

   GROSS REVENUES: The monthly cable service revenues received by grantee from subscribers of the cable system; provided, however, that such phrase shall not include:

   A.   Revenues received from any national advertising carried on the cable system;

   B.   Any taxes on cable service which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are collected by the grantee on behalf of such governmental unit or agency.

   PERSON: An individual, partnership, association, joint stock company, trust corporation or governmental entity.

   PUBLIC WAY: The surface of, and the space above and below, any public street, highway, freeway, bridge, land, path, alley, court, boulevard, sidewalks, parkway, way, lane, public way, drive, circle or other public right of way, including, but not limited to, public utility easements, dedicated utility strips or rights of way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the franchise authority in the service area which shall entitle the franchise authority and the grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system. "Public way" shall also mean any easement now or hereafter held by the franchise authority within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights of way as shall within their proper use and meaning entitle the franchise authority and the grantee to the use thereof for the purposes of installing or transmitting grantee's cable service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and pertinent to the cable system.

   SERVICE AREA: The present municipal boundaries of the franchising authority, and shall include any additions thereto by annexation or other legal means.

   SERVICE TIER: A category of cable service or other services, provided by grantee and for which a separate charge is made by grantee.

   SUBSCRIBER: A person or user of the cable system who lawfully receives cable services or other service therefrom with grantee's express permission.

   VIDEO PROGRAMMING: Programming provided by or generally considered comparable to programming provided by a television broadcast station. (Ord. 425, 7-28-1992)

   A.   Grant: The city shall grant to grantee a nonexclusive franchise which authorizes the grantee to construct and operate a cable system and offer cable service and other services in, along, among, upon, across, above, over, under or in any manner connected with public ways within the service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain or retain in, on, over, under, upon, across or along any public way and all extensions thereof, and additions thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments and other related property or equipment as may be necessary or appurtenant to the cable system.

   B.   Term: The franchise granted pursuant to this chapter shall be for an initial term of fifteen (15) years from the effective date of the franchise as set forth in subsection C of this section, unless otherwise lawfully terminated in accordance with the terms of this chapter.

   C.   Acceptance; Effective Date: Grantee shall accept the franchise granted by signing ordinance 425 and filing the same with the city clerk or other appropriate official or agency of the franchising authority within sixty (60) days after the passage and final adoption of ordinance 425. Subject to the acceptance by grantee, the effective date of the franchise ordinance shall be the date of acceptance by the grantee.

   D.   Other Franchises: In the event the franchising authority enters into a franchise, permit, license, authorization or other agreement of any kind with any other person or entity other than grantee to enter into the city streets and public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. (Ord. 425, 7-28-1992)

   A.   Conditions Of Street Occupancy: All transmission and distribution structures, poles, other lines and equipment installed or erected by the grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any of said public ways.

   B.   Restoration Of Public Ways: If during the course of grantee's construction, operation or maintenance of the cable system there occurs a disturbance of any public way by grantee, it shall, at its expense, immediately replace and restore such public way to a condition as good as the condition of the public way existing immediately prior to such disturbance.

   C.   Relocation At Request Of Franchising Authority: Upon its receipt of reasonable advance notice, not to be less than five (5) business days, the grantee shall, at its own expense, protect, support, temporarily disconnect, relocate on the public way or remove from the public way, any property of the grantee when lawfully required by franchising authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by the franchising authority; but, the grantee shall in all cases have the right of abandonment of its property subject to city ordinance, and if public funds are available to any utility company using such street, easement, or right of way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the grantee.

   D.   Relocation At Request Of Third Party: The grantee shall, on the request of any person holding a building moving permit issued by the franchising authority, temporarily raise or lower its wires to permit the moving of such building, provided: 1) the expense of such temporary raising or lowering of wires is paid by said person, including, if required by the grantee, making such payment in advance; and 2) the grantee is given not less than five (5) business days' advance written notice to arrange for such temporary wire changes.

   E.   Trimming Of Trees And Shrubbery: The grantee shall have the authority to trim trees or other natural growth overhanging on any of its cable system in the service area so as to prevent branches from coming in contact with the grantee's wires, cables or other equipment. The grantee shall reasonably compensate the franchising authority or property owner for any damages caused by such trimming, or shall, in its sole discretion and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the system undertaken by grantee. Such replacement shall satisfy any and all obligations grantee may have to the franchising authority or property owner pursuant to the terms of this subsection.

   F.   Use Of Grantee's Equipment By Franchising Authority: Subject to any applicable state or federal regulations or tariffs, the franchising authority shall have the right to make additional use, for any public purpose, of any poles or conduits controlled or maintained exclusively by or for the grantee in any public way; provided, that: 1) such use by the franchising authority does not interfere with a current or future use by the grantee; 2) the franchising authority holds the grantee harmless against and from all claims, demands, costs, or liabilities of every kind and nature whatsoever arising out of such use of said poles or conduits, including, but not limited to, reasonable attorney fees and costs.

   G.   Safety Requirements: Construction, installation and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with applicable FCC and other federal, state and local regulations. The cable system shall not reasonably endanger or interfere with the safety of persons or property in the service area.

   H.   Aerial And Underground Construction: In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric service are underground, the grantee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground; provided, that such facilities are actually capable of receiving grantee's cable and other equipment without technical degradation of the cable system's signal quality. In those areas of the service area where the transmission or distribution facilities of the respective public utilities providing telephone communication and electric services are both aerial and underground, grantee shall have the sole discretion to construct, operate and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing contained in this subsection shall require grantee to construct, operate or maintain underground any ground mounted appurtenances such as subscriber taps, line extenders, system passive devices (splitters, directional couplers), amplifiers, power supplies, pedestals or other related equipment. Notwithstanding anything to the contrary contained in this subsection, in the event that all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are placed underground after the effective date hereof, grantee shall only be required to construct, operate, and maintain all of its transmission and distribution facilities underground if it is given reasonable notice and access to the public utilities' facilities at the time that such are placed under ground.

   I.   Required Extensions Of Service: The cable system, as constructed as of the date of the passage and final adoption of this chapter, substantially complies with the material provisions hereof. Grantee will be authorized by this chapter to extend the cable system as necessary, as desirable, or as required pursuant to the terms hereof within the service area. Whenever grantee shall receive a request for service from at least fifteen (15) subscribers within one thousand three hundred twenty (1,320) cable bearing strand feet (1/4 cable mile) of its trunk or distribution cable, it shall extend its cable system to such subscribers at no cost to said subscribers for system extension, other than the usual connection fees for all subscribers; provided, that such extension is technically feasible, and if it will not adversely affect the operation, financial condition or market development of the cable system, or as provided for under subsection J of this section.

   J.   Subscriber Charges For Extensions Of Service: No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber's request to locate his cable drop underground, existence of more than one hundred fifty feet (150') of distance from distribution cable to connection of service to subscribers, or a density of less than fifteen (15) subscribers per one thousand three hundred twenty (1,320) cable bearing strand feet of trunk or distribution cable, cable service or other service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by grantee and subscribers in the area in which cable service may be expanded, grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of potential subscribers per one thousand three hundred twenty (1,320) cable bearing strand feet of its trunks or distribution cable, and whose denominator equals fifteen (15) subscribers. Potential subscribers will bear the remainder of the construction and other costs on a pro rata basis. Grantee may require that the payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance.

   K.   Service To Public Buildings: The grantee shall provide without charge one outlet of basic service to the franchise authority's office building(s), fire station, police station and public school building that is passed by its cable system. The outlets of basic service shall not be used to distribute or sell cable services in or throughout such buildings; nor shall such outlets be located in common or public areas open to the public. Users of such outlets shall hold grantee harmless from any and all liability or claims arising out of their use of such outlets, including, but not limited to, those arising from copyright liability. Notwithstanding anything to the contrary set forth in this subsection, the grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said buildings or premises exceeds one hundred fifty (150) cable feet, unless it is technically feasible and so long as it will not adversely affect the operation, financial condition, or market development of the cable system to do so, or unless the appropriate governmental entity agrees to pay the incremental cost of such drop line in excess of one hundred fifty (150) cable feet. In the event that additional outlets of basic service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials. Upon request of grantee, the building owner may also be required to pay the service fees associated with the provision of basic service and the additional outlets relating thereto.

   L.   Emergency Override: In the case of any emergency or disaster, the grantee shall, upon request of the franchising authority, make available its facilities for the franchising authority to provide emergency information and instructions during the emergency or disaster period. The franchising authority shall hold the grantee, its agents, employees, officers and assigns hereunder, harmless from any claims arising out of the emergency use of its facilities by the franchising authority, including, but not limited to, reasonable fees and costs. (Ord. 425, 7-28-1992)

   A.   Franchise Fee:

      1.   Amount; Conditions: Grantee shall pay to the franchising authority a franchise fee equal to three percent (3%) of gross revenue received by grantee from the operation of the cable system on an annual basis; provided, however, that grantee may credit against any such payments of: 1) any tax, fee or assessment of any kind imposed by franchising authority or other governmental entity on a cable operator, or subscriber, or both, solely because of their status as such; 2) any tax, fee or assessment of general applicability which is unduly discriminatory against cable operators or subscribers (including any such tax, fee or assessment imposed, both on utilities and cable operators and their services); and 3) any other special tax, assessment or fee such as a business, occupation and entertainment tax. For the purpose of this section, the twelve (12) month period applicable under the franchise for the computation of the franchise fee shall be a calendar year, unless otherwise agreed to, in writing, by the franchising authority and grantee. The franchise fee payment shall be due and payable ninety (90) days after the close of the preceding calendar year. Each payment shall be accompanied by a brief report from a representative of grantee showing the basis for the computation. In no event shall the franchise fee payments required to be paid by grantee exceed five percent (5%) of gross revenues received by grantee in any twelve (12) month period; however, the franchising authority reserves the right to negotiate the franchise fee with the grantee during the term of the franchise with any negotiated increase to take effect on an anniversary date of the franchise.

      2.   Limitation On Franchise Fee Actions: The period of limitation for recovery of any franchise fee payable hereunder shall be five (5) years from the date on which payment by the company is due. Unless within five (5) years from and after said payment due date, the city initiates a lawsuit for recovery of such franchise fees in a court of competent jurisdiction, such recovery shall be barred and the city shall be estopped from asserting any claims whatsoever against the company relating to any such alleged deficiencies.

   B.   Rates And Charges:

      1.   The franchising authority may not regulate the rates for the provision of cable service and other services, including, but not limited to, ancillary charges relating thereto, except as expressly provided herein and except as authorized pursuant to federal and state law, including, but not limited to, the cable act and FCC rules and regulations relating thereto. From time to time, and at any time, grantee has the right to modify its rates and charges, including, but not limited to, the implementation of additional charges and rates; provided, however, that grantee shall give notice to the franchising authority of any such modifications or additional charges thirty (30) days prior to the effective date thereof.

      2.   In the event that basic service rate increases are subject to approval of the franchising authority, the grantee may, at its discretion and without consent of the franchising authority, increase rates relating to the provisions of basic service by an amount which is at least equal to five percent (5%) per year.

   C.   Renewal Of Franchise:

      1.   The franchising authority and the grantee agree that any proceedings undertaken by the franchising authority that relate to the renewal of the grantee's franchise shall be governed by and comply with the provisions of section 626 of the cable act (as such existed as of the effective date of the cable act), unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of federal or state law.

      2.   In addition to the procedures set forth in said section 626(a), the franchising authority agrees to notify grantee of its preliminary assessments regarding the identity of future cable related community needs and interests, as well as, the past performance of grantee under the then current franchise term. The franchising authority further agrees that such a preliminary assessment shall be provided to the grantee prior to the time that the four (4) month period referred to in subsection 626(c) is considered to begin.

      3.   Notwithstanding anything to the contrary set forth in this subsection, the grantee and franchising authority agree that at any time during the term of the then current franchise, while affording the public appropriate notice and opportunity to comment, the franchising authority and grantee may agree to undertake and finalize negotiations regarding renewal of the then current franchise and the franchising authority may grant a renewal thereof. The grantee and the franchising authority consider the terms set forth in this section to be consistent with the express provisions of section 626 of the cable act. A reproduction of section 626 of the cable act as such existed as of the effective date of the cable act will be attached to ordinance 425 as schedule 1 and incorporated therein by this reference.

   D.   Conditions Of Sale:

      1.   Except to the extent expressly required by federal or state law, if a renewal or extension of grantee's franchise is denied or the franchise is lawfully terminated, and the franchising authority either lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another party, any such acquisition or transfer shall be at a fair market value, determined on the basis of the cable system valued as a going concern.

      2.   Grantee and franchising authority agree that in the case of a lawful revocation of the franchise, at grantee's request, which shall be made in its sole discretion, grantee shall be given a reasonable opportunity to effectuate a transfer of its cable system to a qualified third party. The franchising authority further agrees that during such a period of time, it shall authorize the grantee to continue to operate pursuant to the terms of its prior franchise; however, in no event shall such authorization exceed a period of time greater than six (6) months from the effective date of such revocation. If, at the end of that time, grantee is unsuccessful in procuring a qualified transferee or assignee of its cable system which is reasonably acceptable to the franchising authority, grantee and franchising authority may avail themselves of any rights they may have pursuant to federal or state law; it being further agreed that grantee's continued operation of its cable system during the six (6) months period shall not be deemed to be a waiver, nor an extinguishment, of any rights of either the franchising authority or the grantee. Notwithstanding anything to the contrary set forth in this subsection, neither franchising authority nor grantee shall be required to violate federal or state law.

      3.   A copy of section 626 of the cable act, adopted herein by reference, is on file in the office of the city clerk.

   E.   Transfer Of Franchise: Grantee's right, title or interest in the franchise shall not be sold, transferred, assigned or otherwise encumbered, other than to an affiliate, without the prior consent of the franchising authority, such consent not to be unreasonably withheld. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation or by assignment of any rights, title, or interest of grantee in the franchise or cable system in order to secure indebtedness. (Ord. 425, 7-28-1992)

   A.   Testing For Compliance: The franchising authority may perform technical tests of the cable system during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of the grantee or the cable system in order to determine whether or not the grantee is in compliance with the terms hereof and applicable state or federal laws. Except in emergency circumstances, such tests may be undertaken only after giving grantee reasonable notice thereof, not to be less than two (2) business days, and providing a representative of grantee an opportunity to be present during such tests. In the event that such testing demonstrates that the grantee has substantially failed to comply with a material requirement hereof, the reasonable costs of such tests shall be borne by the grantee. In the event that such testing demonstrates that grantee has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the franchising authority. Except in emergency circumstances, the franchising authority agrees that such testing shall be undertaken no more than two (2) times a year in the aggregate, and that the results thereof shall be made available to the grantee upon grantee's request.

   B.   Books And Records: The grantee agrees that the franchising authority may review such of its books and records, during normal business hours and on a nondisruptive basis, as is reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the FCC. Notwithstanding anything to the contrary set forth herein, grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The franchising authority agrees to treat any information disclosed by the grantee to it as confidential and only to disclose it to employees, representatives and agents thereof that have a need to know, or in order to enforce the provisions hereof. (Ord. 425, 7-28-1992)

   A.   Insurance Requirements: Grantee shall maintain in full force and effect, at its own cost and expense, during the term of the franchise, comprehensive general liability insurance in the amount of one million dollars ($1,000,000.00) combined single limit for bodily injury, and property damage. Said insurance shall designate the franchising authority as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days' prior written notice to the franchising authority.

   B.   Indemnification: The grantee agrees to indemnify, save and hold harmless, and defend the franchising authority, its officers, boards and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of the grantee's construction, operation or maintenance of its cable system, including, but not limited to, reasonable attorney fees and costs.

   C.   Bonds And Other Surety: Except as expressly provided herein, grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the franchise or continuing its existence. The franchising authority acknowledges that the legal, financial and technical qualifications of grantee are sufficient to afford compliance with the terms of the franchise and the enforcement thereof. Grantee and franchising authority recognize that the costs associated with bonds and other surety may ultimately be borne by the subscribers in the form of increased rates for cable services. In order to minimize such costs, the franchising authority agrees to require bonds and other surety only in such amounts and during such times as there is a reasonably demonstrated need therefor. The franchise authority agrees that in no event, however, shall it require a bond or other related surety in an aggregate amount greater than ten thousand dollars ($10,000.00), conditioned upon the substantial performance of the material terms, covenants, and conditions of the franchise. Initially, no bond or other surety will be required. In the event that one is required in the future, the franchising authority agrees to give grantee at least sixty (60) days' prior written notice thereof stating the exact reason for the requirement. Such reason must demonstrate a change in the grantee's legal, financial or technical qualifications which would materially prohibit or impair its ability to comply with the terms of the franchise or afford compliance therewith. (Ord. 425, 7-28-1992)

   A.   Notice Of Violation: In the event that the franchising authority believes that the grantee has not complied with the terms of the franchise, it shall notify grantee, in writing, of the exact nature of the alleged noncompliance.

   B.   Grantee's Right To Cure Or Respond: Grantee shall have thirty (30) days from receipt of the notice described in subsection A of this section to: 1) respond to the franchising authority contesting the assertion of noncompliance; or 2) to cure such default or, in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the franchising authority of the steps being taken and the projected date that they will be completed.

   C.   Public Hearing: In the event that grantee fails to respond to the notice described in subsection A of this section pursuant to the procedures set forth in subsection B of this section above or in the event that the alleged default is not remedied within sixty (60) days after the grantee is notified of the alleged default pursuant to subsection A of this section, the franchising authority shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly scheduled meeting of the franchising authority which is scheduled at a time which is no less than five (5) business days therefrom. The franchising authority shall notify the grantee of the time and place of such meeting and provide the grantee with an opportunity to be heard.

      1.   Enforcement: Subject to applicable federal or state law, in the event the franchising authority, after such meeting, determines that grantee is in default of any provision of the franchise, the franchising authority may:

         a.   Foreclose on all or any part of any security provided under this franchise, if any, including, without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the franchising authority reasonably determines is necessary to remedy the default;

         b.   Commence an action at law for monetary damages or seek other equitable relief;

         c.   In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked; or

         d.   Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages.

The grantee shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of the franchising authority to enforce prompt compliance.

      2.   Acts Of God: The grantee shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages or other events reasonably beyond its ability to control. (Ord. 425, 7-28-1992)

   A.   Documents Incorporated And Made A Part Hereof: The following documents shall be incorporated herein by this reference, and in the case of a conflict or ambiguity between or among them, the document of latest date shall govern:

      1.   Any enabling ordinance in existence as of the date hereof.

      2.   Any proposal submitted by grantee pursuant to a franchise renewal procedure, as amended and supplemented during the franchise renewal negotiation process.

      3.   Any franchise agreement between grantee and franchising authority reflecting the removal of the franchise, if any.

   B.   Preemption: If the FCC, or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of the franchise, then to the extent such jurisdiction shall preempt and supersede or preclude the exercise of the like jurisdiction by the franchising authority, the jurisdiction of the franchising authority shall cease and no longer exist.

   C.   Actions Of Franchising Authority: In any action by the franchising authority or representative thereof mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.

   D.   Notice:

      1.   Unless expressly otherwise agreed between the parties, every notice or response to be served upon the franchising authority or grantee shall be in writing, and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a post office or branch thereof regularly maintained by the U.S. postal service.

      2.   The notices or responses to the franchising authority shall be addressed as follows:

   CITY OF ELKO

   1751 College Avenue

   Elko, Nevada 89801

      3.   The notices or responses to the grantee shall be addressed as follows:

   TCI CABLEVISION OF NEVADA, INC.

   1990 Idaho Street

   Elko, Nevada 89801

with a copy to:

   TELE-COMMUNICATIONS, INC.

   Attention: Legal Department

   Terminal Annex, P.O. Box 5630

   Denver, Colorado 80217-5630

   or:

   5619 DTC Parkway

   Englewood, Colorado 80111-3000

      4.   Franchising authority and the grantee may designate such other address or addresses, from time to time, by giving notice to the other.

   E.   Descriptive Headings: The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein. (Ord. 425, 7-28-1992)

No applicant for a license under this chapter or other matters requiring affirmative Board approval in order to operate a brothel has any right to the license or the granting of the approval sought. Any license issued or other Board approval granted pursuant to the provisions of this chapter is a revocable privilege and no holder, licensee or other recipient of the license or approval acquires any vested right therein or thereunder. (Ord. 837, 1-8-2019)

The operation of a brothel or house of prostitution within the City in accordance with the provisions of this chapter does not constitute a public nuisance or an offense to public decency. (Ord. 837, 1-8-2019)

   A.   It is unlawful for any person, firm or corporation to engage in prostitution, or keep, own or operate a brothel or house of prostitution of any description within the City, except as provided in this chapter.

   B.   It is unlawful for any owner, operator, bartender, manager or other employee of a licensed brothel to allow any person to practice prostitution or to solicit business for a sex worker or to procure any person for the purpose of prostitution within the City, except within the premises of a licensed brothel and within the boundaries of the Restricted Commercial District as set forth in the City Zoning Code. There will be no "out dates"; accordingly, sex workers shall not be hired from a brothel for the purpose of prostitution to accompany a customer outside the brothel at which the sex worker is employed. All soliciting of prostitution and acts of prostitution must take place inside the premises of a licensed brothel.

   C.   In the trial of any case arising under the provisions of subsection A or B of this section, evidence of general reputation shall be relevant and admissible evidence as to the question of the ill fame of any brothel and to the question of the ill fame of any person alleged to be practicing prostitution. (Ord. 837, 1-8-2019)

As used in this chapter, the following words will be defined as follows:

   APPLICANT: Any person applying to the Board for a license under the provisions of this chapter, together with all persons listed in subsections 4-9-6A and B of this chapter.

   BOARD: The City Council of the City of Elko.

   BROTHEL: A business that offers or provides prostitution.

   BROTHEL WORKER: Any person employed by a brothel working and/or residing at a house of prostitution not classified as a bartender or sex worker.

   CITY CLERK: The City Clerk of the City of Elko.

   EMPLOYED: Hired as an employee or independent contractor.

   HOUSE OF PROSTITUTION: Any building or other structure in which prostitution is offered or provided, to include a house of ill fame or bawdy house.

   LICENSE FEE: Any money required in accordance with this chapter to be paid to the City to obtain, amend or renew a license under this chapter.

   LICENSEE: A person to whom a license has been issued under this chapter.

   PERSON: A natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency or political subdivision of a government.

   POLICE: The Police Chief of the City of Elko.

   PROSTITUTION: Engaging in sexual conduct with another natural person in return for a fee, monetary consideration or other thing of value.

   SEX WORKER: A natural person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

   WORK CARD OR WORK PERMIT: A permit issued by the police to applicants who meet the requirements of this chapter permitting the applicant to perform work authorized by this chapter. (Ord. 837, 1-8-2019)

   A.   City Council Designated: The City Council, referred to herein as the "Board", shall act as a Prostitution Licensing and Control Board.

   B.   Duty: It shall be the duty of the Board to carry out and enforce the provisions of this chapter.

   C.   Schedule Of Fees: The Board, by resolution, shall promulgate a schedule of the fees required by this title. The schedule of fees may be amended from time-to-time by resolution of the Board.

   D.   Powers: Powers of the Board shall include, but shall not be limited to, the power to:

      1.   Receive all license applications submitted under the provisions of this chapter;

      2.   Investigate all applicants for a license under the provisions of this chapter;

      3.   Grant or refuse to grant the license provided for in this chapter;

      4.   Receive complaints concerning alleged violations of this chapter;

      5.   Revoke or temporarily suspend or place restrictions and conditions on licenses issued under the terms of this chapter;

      6.   Place licensees on probation;

      7.   Exercise any proper power and authority necessary to perform its duties pursuant to this chapter; and

      8.   Hear appeals from decisions of the police.

      9.   The powers of the Board enumerated above are not exclusive and shall not be interpreted in such a manner as to limit any other powers that the Board may otherwise possess. (Ord. 837, 1-8-2019)

Any person desiring to own or operate a brothel within the City (individually or collectively referred to as the "applicant" or "applicants") shall first apply to the Board for a brothel license. The license application shall satisfy the following requirements and contain the following information about the owner, the operator and any person who will act on behalf of the owner or operator as a manager or other agent with management authority, together with all other information identified in each subsection pertaining to the brothel and the house of prostitution:

   A.   Names, ages and addresses of all persons who have or will have any financial interest in the brothel or house of prostitution, including the owner of the real property if the real property is leased to the owner or operator of the brothel; provided, in the event the person having the financial interest in the brothel or house of prostitution is a corporation, limited liability company or other business association, only persons having an ownership interest of one-third (1/3) or more in the corporation, limited liability company or other business association shall be identified on the application;

   B.   Names, ages and addresses of persons who are or will be personally responsible for the conduct and management of the brothel;

   C.   A recent photograph and complete set of fingerprints of all persons listed in subsections A and B of this section;

   D.   Names and addresses of all other businesses in which the applicant has any financial interest, including the type of such business and the nature of the applicant's interest;

   E.   Names and addresses of all employers of the applicant for the preceding ten (10) years;

   F.   All of the applicant's addresses for the preceding ten (10) years;

   G.   A list of all prior convictions of the applicant for any crime, excluding minor traffic violations, which list shall include a statement of the offense, the place of its occurrence, the date of its occurrence, and the disposition of the case;

   H.   A complete and accurate financial statement of the applicant, together with an audit of the applicant's finances conducted by a licensed certified public accountant;

   I.   The street address of the property upon which the proposed brothel is to be operated, together with copies of all deeds, mortgages, deeds of trusts, liens or other encumbrances, leasehold interests, or other interests in or relating to the house of prostitution;

   J.   Names, ages and addresses of all persons with leasehold interests in the house of prostitution;

   K.   The business history of the applicant with respect to brothels and houses of prostitution, to include prior or concurrent ownership, management, employment or any other legal relationship the applicant has or has had with a brothel or house of prostitution;

   L.   Whether the applicant, in previously operating any business at any location in the United States, has had a business license or privilege license revoked or suspended and, if so, the reason(s) therefor and a description of the business activity or occupation that was subject to the suspension or revocation;

   M.   Any information needed to update or correct any information required by this chapter that is already on file with the City;

   N.   Any other information reasonably deemed necessary or useful by the Board.

All information required under this section shall, upon enactment of this chapter and thereafter, be promptly updated and corrected by the applicant whenever necessary to ensure that all such information on file with the City is current and accurate. (Ord. 837, 1-8-2019)

   A.   Filing; Investigation Fee: All license applications submitted under the provisions of this chapter shall be filed with the City Clerk, along with a non-refundable fee in an amount set by resolution of the Board.

   B.   Investigation: Upon presentation of any license application to the City Clerk, the City Clerk shall refer such application to the police for investigation. The police shall conduct a full investigation of all information contained in the license application, which investigation shall include, but shall not be limited to, the following:

      1.   A complete review of all records of the Federal Bureau of Investigation and any other appropriate governmental organization concerning the criminal record of any applicant;

      2.   A personal interview with each applicant;

      3.   An interview, either personal or by mail, with all employers of the applicant and business associates of the applicant, as shown in the license application;

      4.   An examination of the financial statement and financial background of the applicant; and

      5.   Any other investigation reasonably deemed necessary by the police.

   C.   Report Of Investigation Results: Within ninety (90) days the police shall report the results of the foregoing investigation in writing to the Board, which report shall include, but shall not be limited to, the following:

      1.   A complete statement of the results of all portions of the investigation;

      2.   A list of any errors or omissions found in the application;

      3.   An evaluation of the personal qualifications, and financial status and background of the applicant.

   D.   Board Action: Within thirty (30) days after receiving the foregoing police report, the Board may:

      1.   Refer the application back to the police for additional investigation;

      2.   Require a personal interview with the applicant;

      3.   Require the applicant to submit additional information relative to the application; and/or

      4.   Grant, conditionally grant or refuse to grant a license under the provisions of this chapter.

   E.   Refusal To Grant License: The Board may refuse to grant a license to any applicant based on a determination that the applicant or the application fails to satisfy any of the requirements of this chapter, or because granting the application would not be in the best interest of public health, safety or welfare. The Board may take into consideration any recommendation provided by the police in refusing to grant a license to an applicant.

   F.   Revocation Or Suspension Of License: The Board may permanently revoke, or temporarily or conditionally suspend a license issued under this chapter; provided, the revocation or suspension shall be for cause; further provided, the revocation or suspension shall be made by the Board following a public hearing conducted in accordance with this chapter; further provided, in the event a license is revoked or suspended, the licensee or former licensee shall not be entitled to a refund of any money previously paid to the City for or in anticipation of issuance of the license.

   G.   Grounds For Refusal, Revocation Or Suspension: The following shall, without limitation, constitute grounds for refusal to grant a license to an applicant, or revocation or suspension of a license by the Board:

      1.   The applicant/licensee or the applicant's/licensee's spouse or any other individual listed on the application that would have any interest in the brothel, has been convicted of a felony;

      2.   The applicant/licensee is financially insolvent or is inadequately financed;

      3.   The applicant/licensee has a history of financial instability;

      4.   The applicant/licensee has willfully omitted or incorrectly stated any material fact in the license application;

      5.   The applicant/licensee has a financial interest in or is associated with a business that is illegal where the business is located;

      6.   Licensee would be contrary to the health, welfare or safety of the City or its residents;

      7.   The house of prostitution is not in the correct zoning district;

      8.   The applicant/licensee has one or more business relationships with persons who would be denied a license for reasons other than financial instability or insolvency;

      9.   The applicant/licensee is a foreign business association that is not properly registered with the Nevada Secretary of State;

      10.   The applicant/licensee is a Nevada business association that is not in active status with the Nevada Secretary of State;

      11.   The applicant/licensee intends to utilize a manager or other agent to operate the brothel when the owner is not present and the manager or other agent would not qualify for a license under this chapter;

      12.   A person who would not qualify for a license under this chapter has an ownership or possessory interest in the brothel or house of prostitution;

      13.   The maximum number of brothels permitted under this chapter has been reached.

   H.   Resubmittal; Time Limit: Upon denying any application for a license under the provisions of this chapter, the applicant shall have thirty (30) days within which to cure any defect in the application, and such application may be again submitted to the Board for reconsideration within thirty (30) days after such denial. (Ord. 837, 1-8-2019)

Every license issued under the provisions of this chapter shall have the following restrictions:

   A.   Violations Not Permitted: No operation may be conducted in violation of any applicable City, County, State or Federal ordinance, statute or regulation.

   B.   Maximum Number Permitted: The maximum number of brothels permitted within the City limits is four (4). (Ord. 837, 1-8-2019)

The Board may, in its discretion and to promote the health, safety and welfare of the people of the City, and to promote the orderly conduct of the operation, impose additional restrictions, including, but not limited to, the following:

   A.   Limitation on the number of sex workers that may be working in a brothel;

   B.   Limitation on the type, signing and size of building in which a brothel may be operated;

   C.   The Board may impose restrictions pursuant to this section prior to, during or after issuance of license.

The police may issue procedural rules for the purpose of administering this chapter. All such rules shall be distributed to affected applicants and licensees prior to implementation. Rules issued by the police pursuant to this section shall be consistent with this chapter, must be approved by the Board before going into effect, and may be rescinded by the Board at any time. (Ord. 837, 1-8-2019)

No license shall be issued without the prospective licensee first obtaining proper zoning for the proposed house of prostitution. (Ord. 837, 1-8-2019)

   A.   Content Of License: Upon approval of all applications associated with a brothel, the Board shall issue a license for the brothel to the applicant, which license shall state:

      1.   The name and address or location of the brothel;

      2.   Any restrictions or limitations imposed by the Board under section 4-9-9 of this chapter;

      3.   The date of issuance of the license;

      4.   The date of expiration of the license.

   B.   Term Of License: All licenses shall be issued for a term of no more than one year, commencing on January 1 of the year the application was approved or the date of approval, whichever is later, and continuing thereafter until January 1 of the following year.

   C.   Renewal: No later than thirty (30) days before the expiration date of any license, in the event the licensee seeks to continue to operate the brothel for an additional year after the term, the licensee shall apply to the City Clerk, on forms provided by the City, for a renewal. The City Clerk shall forthwith notify the police that a renewal application has been filed, and if any written complaint regarding the brothel shall have been received during that current license period, the police may cause the renewal application to be placed on the agenda of the next Board meeting, at which meeting the Board shall either renew or deny the license. If placed on the agenda, the Board shall conduct a hearing, and may summon witnesses, interview the licensee, interview any complainant, require additional investigation by the police, or do any and all other acts which the Board deems necessary or appropriate for its determination. If no such complaints have been received, the City Clerk shall issue the renewed license upon compliance with and subject to the provisions of this chapter.

   D.   Failure To Renew: Failure of any licensee to apply for a renewal in the manner required by subsection C of this section shall be grounds for the Board to revoke the license at its first regular meeting in January. Any license thus revoked may be reinstated only upon compliance by the licensee with all requirements of this chapter applicable to original license applications.

   E.   Changes In Ownership: In the event a brothel is owned by a business association, the business association shall not acquire a new owner unless:

      1.   The licensee furnishes to the police a list of all proposed persons who desire to acquire an interest in the brothel.

      2.   The Board approves the new owner(s) in accordance with the same substantive and procedural requirements applicable to new license applicants; and

      3.   The brothel pays a nonrefundable investigation fee in an amount set by resolution of the Board. (Ord. 837, 1-8-2019)

   A.   Required: Every licensee shall pay a fee set by resolution of the Board for the privilege of operating a brothel in the City. The fee shall be paid annually or semiannually, as determined by resolution of the Board.

   B.   Timing Of Payment; Due Date; Termination: The license fee shall be submitted with the annual renewal application form, which shall be due on or before December 15 of each year during the term of the license. The failure of a licensee to submit a complete application and license fee in the proper amount on or before December 15 shall result in the termination of the license at the end of the current term.

   C.   Fee Increases: The license fee may be increased from time-to- time by resolution of the Board.

   D.   Partial Years; Timing Of Payment; Fee Amounts: The amount of the license fee for a license granted for a portion of a calendar year which becomes effective on or before June 30 of that year shall be the amount required for a full year. The amount of the license fee for a license that becomes effective after June 30 shall be one-half (1/2) of the amount required for a full year. (Ord. 837, 1-8-2019)

   A.   Permit Required: It is unlawful for any person to work as a sex worker, bartender or manager at a brothel, or for any employee, independent contractor or agent of the brothel, to reside on the premises of a licensed house of prostitution, unless such person is the holder of a valid current work permit issued by the police in accordance with this chapter.

   B.   Registration: Every sex worker, bartender, manager or employee working and/or residing on the premises of a licensed house of prostitution shall be registered with the police on a form provided by the police, referred to herein as a "work card", which shall include:

      1.   The name, age, address, physical description and current picture identification of the applicant, together with a certified copy of the person's birth certificate;

      2.   A full set of fingerprints of the person, which shall be updated every six (6) years;

      3.   Complete employment record of the applicant for the preceding five (5) years;

      4.   All street and mailing address(es) of the person;

      5.   Complete criminal record of the person, including all convictions, except minor traffic violations, which record shall include a list with a statement of each offense, and for each offense, the place of its occurrence, the date of its occurrence, its severity and its disposition;

      6.   The work card application for a sex worker must be accompanied by either an application fee in an amount set by resolution by the Board or an annual renewal or revision fee in an amount set by resolution by the Board;

      7.   The work card application for a person who is not a sex worker must be accompanied by an application fee in amount equal to the fee required to obtain a bar employee work permit under title 5, chapter 11 of this Code;

      8.   The work card shall be renewed annually.

      9.   A work card for a sex worker must be renewed each time the sex worker commences work at a different brothel within the City.

   C.   Investigation: The police shall investigate, through all available means, the accuracy of all information supplied by any applicant on the registration form.

   D.   Prohibited Employees: No person may work as a sex worker or bartender, manager, or as an employee, independent contractor or other agent who resides on the premises of a licensed house of prostitution, who:

      1.   Has been convicted of the possession, use, sale or furnishing of any narcotic, hallucinogenic or dangerous drug within the past five (5) years;

      2.   Is on probation resulting from a conviction of a felony;

      3.   Has been convicted of any crime involving theft, embezzlement or misappropriation of funds within the past five (5) years;

      4.   Has been convicted of any crime involving violence or the use of any deadly or dangerous weapon within the past five (5) years;

      5.   Has been convicted of any crime involving the illegal use of firearms within the past five (5) years;

      6.   Has willfully made any false statement or omission in the registration form required by subsection B of this section; or

      7.   Is a person under twenty one (21) years of age.

   E.   Denial Or Revocation Authority: The police may deny or revoke the work permit of a sex worker or of a bartender, manager, or of an employee, independent contractor or other agent who resides on the premises of a house of prostitution, who does not qualify under this section or who is found to be violating this Code or State law. The person whose work card has been denied or revoked may file an appeal to the Board within thirty (30) calendar days from the date in which the work card was denied or revoked.

   F.   Card Requirements; Restrictions:

      1.   Each sex worker, bartender, manager, and each employee, independent contractor or other agent who resides on the premises of a house of prostitution, shall file and maintain a current work card with the operator of the brothel before commencing work at the brothel. No work card shall be transferable. All work cards shall state the name of the licensed brothel where the work card holder works. No sex worker shall change his or her place of work from one brothel to another without first notifying the police of the proposed change and obtaining a revised work card.

      2.   No person may possess more than one work card at a time or work for more than one brothel at a time.

   G.   Security Requirements/Inspections For Brothels:

      1.   A brothel may be operated with business entrance and exit doors that are either locked or unlocked. If the brothel elects to keep the business entrance and exit doors unlocked, they must remain unlocked at all times during posted business hours and the business hours must be posted on the entrance door. Upon complying with these conditions, the brothel need not provide keys to the Police Chief. If the brothel elects to keep the business entrance and exit doors locked during business hours, the owner or manager shall provide the police keys to all entrance and exit doors of the brothel. If door locks are changed, then current keys must be immediately provided to the police.

      2.   a. A brothel license granted pursuant to section 4-9-1 of this chapter is a revocable privilege. By applying for and receiving a brothel license, a person thereby gives consent and authorizes the police, or any other authorized representative of the City to enter the brothel business premises or any part of the house of prostitution under the control of the licensee and the principal office of the brothel at any time during brothel business hours for the purpose of examining the premises or the books of account of the brothel to ascertain the truth or veracity of statements made on the brothel license application and to verify that the licensee and the brothel are in compliance with requirements of the license, this Code and State law;

         b.   The person in charge of a licensed brothel shall cooperate with the State Board of Health or any other agency with jurisdiction during:

            (1)   Any investigation into the circumstances or cause of a case or suspected case, or of an outbreak or suspected outbreak of an infectious, contagious or communicable disease;

            (2)   The carrying out of measures for the prevention, suppression or control of an infectious, contagious or communicable disease, including procedures of exclusion, isolation and quarantine; and

         c.   The failure of an owner, manager, employee, independent contractor or agent of a brothel to cooperate with an inspection authorized by this section: 1) shall be grounds for the revocation or suspension of the brothel license; and 2) shall be punishable as a misdemeanor as provided in section 1-3-1 of this Code. (Ord. 837, 1-8-2019)

   A.   Examination Requirements: Every licensee shall ensure that the requirements of the State Board of Health or any other agency with jurisdiction are satisfied and that all medical examinations required by State Statutes and regulations, this Code and the license, are undergone by all sex workers working at the brothel. The foregoing medical examinations shall:

      1.   Be performed at least once a week. Medical examinations must be completed and the examination results made available to the police weekly prior to medical exam record checks being conducted by the Police Department;

      2.   Be performed by or under the supervision of a physician or doctor of osteopathy duly licensed to practice medicine in this State;

      3.   Include all tests specified by the State Board of Health for the detection and diagnosis of sexually transmitted diseases including, but not limited to, weekly tests for gonorrhea and chlamydia; and a monthly blood test for syphilis and human immunodeficiency virus (HIV), which tests shall be processed at a licensed and approved clinical laboratory;

      4.   Include monthly tests approved by the State Board of Health for the detection of HIV. Appropriate specimens are to be submitted to and processed at a licensed and approved medical laboratory;

      5.   Include other medically approved tests deemed advisable by the physician or doctor of osteopathy for determining whether the sex worker is afflicted with any infectious, communicable or contagious disease;

      6.   Be performed at the location of the licensed operation, at the physician's office, at a hospital or clinic, as determined by the physician;

      7.   Have all samples and specimens submitted to a State licensed and approved medical laboratory for testing, with all tests performed and reported in accordance with NAC 441A.800 et seq., and all other applicable State requirements; provided, without limitation, no person may work as a sex worker at a brothel if such test results show the presence of chlamydia, syphilis, gonorrhea or the antibody to the human immunodeficiency virus;

      8.   a. Sex workers who have registered with the Police Department but are awaiting the required test results may reside at the house of prostitution. The owner and the manager shall ensure that all sex workers awaiting test results and residing at the house of prostitution remain off the floor, which includes the bar area, and that such sex workers do not engage in any type of sexual activity until such test results have been received from the physician or doctor of osteopathy who performed the examination;

         b.   If any sex worker's test results are positive for an infectious, contagious or communicable disease, the sex worker must be pulled off the brothel floor immediately and the sex worker's work card turned over to the Police Department. The sex worker must wait at the house of prostitution until the State Board of Health notifies the sex worker. Once contact by the State Board of Health with the sex worker has taken place, nothing in this chapter shall prohibit the sex worker from leaving the premises of the house of prostitution. If the sex worker chooses to remain at the house of prostitution, the sex worker must remain off the floor, which includes the bar area, and not engage in any type of sexual activity until a clearance to return to work has been communicated to the Police Department by the physician or doctor of osteopathy who performed the examination. If the owner is not physically present, the manager of the brothel shall notify the Police Department when a sex worker leaves the brothel for any period in excess of twenty four (24) hours. Prior to returning to work after an absence of more than twenty four (24) hours, a sex worker must get a medical examination, must obtain a clearance from a licensed physician or doctor of osteopathy, and must pick up his or her work card at the Police Department;

      9.   All sex workers shall be tested to determine if they are infected with the hepatitis B virus (HBV) by a licensed and approved medical laboratory. If antibody testing shows a positive result for HBV, the sex worker will not be issued a work permit. If the results of the HBV are negative, it will be the responsibility of the sex worker to follow up with the vaccine series. Sex workers who are undergoing the hepatitis B vaccine series shall not be prohibited from working in a licensed brothel.

   B.   Physician Duties: After performing the examination required in subsection A of this section, the examining physician or doctor of osteopathy shall:

      1.   Notify the Police Department of every person examined and found not to be infected with a sexually transmitted, infectious, contagious or communicable disease;

      2.   Notify the Police Department of every person examined and found to be infected with a sexually transmitted, infectious, contagious or communicable disease;

      3.   Report the results of such examinations weekly to the police;

      4.   If any sex worker examined is found to be infected with a sexually transmitted, infectious, contagious or communicable disease, the physician or doctor of osteopathy shall immediately notify the police and the brothel owner, operator and manager of such condition.

   C.   Denial Based On Positive Result Of Test: No person who has been found to be infected with a sexually transmitted, infectious, contagious or communicable disease by an examining physician or doctor of osteopathy may again work as a sex worker in any brothel until such person has received and presented to the police examination results from an examining physician or doctor of osteopathy stating that the disease which resulted in the denial of the work permit has been cured and that the person is now free of any sexually transmitted, infectious, contagious or communicable disease.

   D.   Authority Of Board: Nothing contained in this section shall prevent the Board on its own motion or upon complaints or reports from any person, from inquiring into the existence of any condition on the premises of any brothel or house of prostitution which might constitute or cause a health hazard. (Ord. 837, 1-8-2019)

   A.   Minors:

      1.   It is unlawful for any person under the age of twenty one (21) years, except as otherwise specified in this chapter, to enter a house of prostitution or be a patron of any brothel.

      2.   It is unlawful for any licensee, or for any sex worker or employee of such licensee, to compel, entice, encourage, permit or suffer any person under the age of twenty one (21) years, to enter a house of prostitution or be a patron of any brothel.

   B.   Advertising: It is unlawful for anyone who is not properly licensed by the City to own or operate a brothel, to advertise prostitution within the City by use of print, television or radio media, computers, flyers, CB radio, telephone books or any other form of advertising.

   C.   Work Without Permit: It is unlawful for any brothel, licensee or employee of any licensee to allow any sex worker, bartender or manager, or any employee who resides on the premises of a house of prostitution, to work for or on behalf of a brothel without that person first obtaining a valid work card from the police. Notwithstanding the foregoing, persons performing part time maintenance or repair work or delivering supplies to a brothel or house of prostitution are not required to obtain a work permit for the performance of such duties unless they reside on the premises of the brothel or within the house of prostitution.

   D.   Translators: In the event a sex worker does not speak fluent English, a translator shall be supplied whenever communication between the sex worker and City staff is requested by either the sex worker or the City or otherwise required. The foregoing includes, without limitation, the requirement that there is a translator whenever a police officer seeks to communicate directly with a sex worker. The translator must be a natural person who is properly trained and competent to translate between English and the native language of the sex worker. The translator may be present by telephone or other electronic means, so long as the means of communication is reliable and audible. (Ord. 837, 1-8-2019)

   A.   Causes: The Board may revoke or temporarily suspend any license issued under the provisions of this chapter or place a licensee on probation with or without conditions for any of the following causes, which list of causes is not intended to be exclusive:

      1.   Any cause that would constitute grounds for denial of a license under subsection 4-9-7E of this chapter;

      2.   Violation by the licensee of any provision of this chapter;

      3.   Violation by any sex worker, or other person who works on a regular daily or weekly basis for a brothel or in a house of prostitution, of any provision of this chapter with respect to which the licensee knew or should have known of the violation;

      4.   The licensee, with actual or constructive knowledge, permits the existence of any unlawful activity, or health or safety hazard, within the house of prostitution;

      5.   The licensee employs a person as a sex worker when such person has not received a health examination as required by section 4-9-14 of this chapter;

      6.   The licensee employs a person as a sex worker without having immediately available for inspection a current report from an examining physician or doctor of osteopathy verifying that the sex worker is free of any sexually transmitted, infectious, contagious or communicable disease;

      7.   Willful refusal of the licensee to comply with any order of the Board issued under the provisions of this chapter;

      8.   Any cause for revocation or suspension listed or described in this chapter; or

      9.   Any other cause which the Board may determine, in its sound discretion, to be harmful or injurious to the health, welfare or safety of the general public.

   B.   Action Of Board: Before action is taken pursuant to subsection A of this section to revoke or suspend a brothel license or to place a licensee on probation, unless an alternative procedure is specified elsewhere in this chapter, the Board shall:

      1.   Conduct a hearing to determine the existence of the cause or causes of action, notice of which hearing shall have been served upon the licensee or posted upon the premises where the licensed operation is conducted at least forty eight (48) hours prior to the time of such hearing;

      2.   Permit the licensee to submit evidence and testimony;

      3.   Consider all evidence and testimony in support of and in opposition to the action pending;

      4.   Enter in the minutes of the Board the findings of the Board and reasons for any action taken by the Board, which action may include:

         a.   Revocation or temporary suspension of the license, to include placing such conditions on the licensee or the brothel as are determined to be reasonably necessary to cure the problem and eliminate the violation or other harm. Conditions imposed by the Board may include requiring action by the licensee that must occur within a reasonable specified time as an alternative to revocation or suspension; and/or, if necessary to protect the health, safety or welfare of the public from imminent danger, temporary suspension of the license; or

         b.   Placement of the licensee on probation for a period of time, with or without conditions, which probation may provide that a further violation of this chapter or the provisions of the license during the probationary period will result in the revocation or suspension of the license.

      5.   Enter in the minutes of the Board an order specifying the action taken.

   C.   Notice Of Order: Notice of an order issued pursuant to this section shall be served upon the licensee or the licensee's resident agent by personal service or certified mail, or posted upon the premises of the house of prostitution occupied by the brothel in any conspicuous location.

   D.   Action Effective: Any action taken by the Board pursuant to this section shall be effective upon personal service or delivery of the notice by certified mail to the licensee or the licensee's registered agent, or upon posting of the notice upon the premises of the house of prostitution occupied by the brothel as specified in subsection C of this section. (Ord. 837, 1-8-2019)

Notwithstanding any other provision contained in this chapter, a brothel license may be suspended without a hearing by a written emergency suspension order signed by the Mayor or one member of the Board and the police if, in the opinion of the signatories, there exists an immediate and present danger to public health and safety which necessitates the immediate closure of the brothel. Upon the issuance and service of such an order, which service may be effected by personal delivery upon the owner or manager, or by posting the notice in a conspicuous location at the house of prostitution, all brothel activity shall immediately cease and the brothel licensee may request a hearing before the Board within three (3) business days in accordance with the Nevada Open Meeting Law. The proceedings thereafter shall be held in accordance with section 4-9-16 of this chapter. (Ord. 837, 1-8-2019)

All licenses granted under this chapter shall be limited to operations conducted on the property described in the application and no brothel shall be expanded or moved without a new license application and approval. (Ord. 837, 1-8-2019)

In the event of the death or resignation of a person listed on a brothel license whose participation in the brothel is necessary for its continued operation, in order to prevent undue hardship to the licensee, the City Clerk, with the concurrence of the police, may issue a ninety (90) day "temporary license" to the licensee's attorney-in-fact or guardian, the personal representative of the licensee's estate, or the trustee of the licensee's trust, or any other person determined by the City to be otherwise eligible to serve as a licensee in accordance with this chapter, pending the processing of an application for a new brothel license; provided, however, that at the time any such temporary license is issued by the City Clerk, a full and complete application for a new brothel license shall be on file with the City Clerk, along with a nonrefundable investigation fee in an amount set by resolution of the Board; further provided, that at the time any such temporary license is issued by the City Clerk, the matter shall be referred to the police for a complete investigation of the new application for a new brothel license. The police shall thereafter submit the investigative findings and recommendation for denial or approval of a new brothel license to the Board. (Ord. 837, 1-8-2019)

Any person who violates any provision of this chapter or of this Code, amended by this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a term not to exceed six (6) months, or by both fine and imprisonment. (Ord. 837, 1-8-2019)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 837, 1-8-2019)

This chapter shall be known and may be cited as the LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES. (Ord. 440, 4-12-1994)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

   ACCESSORY SEXUALLY ORIENTED USE: A. The offering of retail goods for sale which are classified as sexually oriented business uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like. (Also see applicable sections of the city zoning code for further requirements defining accessory sexually oriented business use.)

   B.   Dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", if such live entertainment is only presented as an occasional activity of the business operation and is presented not more than four (4) times in any calendar year.

   C.   Occasional activity as used in connection with an accessory sexually oriented business use means dancing or live entertainment characterized by an emphasis on presentation of "specific sexual activities" or "specified anatomical areas" if such live entertainment is only presented as an occasional activity of the business operation as herein regulated.

   CITY COUNCIL: The city council of the city of Elko.

   LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

   PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

   PRINCIPAL SEXUALLY ORIENTED USE: The offering of goods and/or services which are classified as sexually oriented business uses as a primary or sole activity of a business or establishment and include, but are not limited to, the following:

   A.   Sexually Oriented Adult Video And/Or Adult Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas".

   B.   Sexually Oriented Barbershop: Any barbershop which is licensed to cut hair, but features sexual exhibits or displays:

1. Persons who appear in a state of nudity or seminude; or

2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3. Films, motion pictures, videocassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".

   C.   Sexually Oriented Beauty Salon: Any beauty salon which is licensed to cut hair, hairstyling, manicuring, but features sexual exhibits or displays:

1. Persons who appear in a state of nudity or seminude; or

2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3. Films, motion pictures, videocassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".

   D.   Sexually Oriented Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas".

   E.   Sexually Oriented Cabaret: A building or portion of a building used for providing dancing or other live entertainment and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas".

   F.   Sexually Oriented Companionship Establishment: A companionship establishment which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   G.   Sexually Oriented Conversation/Rap Parlor: A conversation/rap parlor which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   H.   Sexually Oriented Health Club Studio: A massage parlor or health club which provides the massage parlor, services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   I.   Sexually Oriented Health/Sport Club: A health/sport club which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   J.   Sexually Oriented Hotel Or Motel: A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

   K.   Sexually Oriented Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice contains such material that is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

   L.   Sexually Oriented Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.

   M.   Sexually Oriented Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image reproducing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas".

   N.   Sexually Oriented Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice contains such material that is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

   O.   Sexually Oriented Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.

   P.   Sexually Oriented Sauna: A sauna which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   Q.   Sexually Oriented Soda Pop Or Nonalcoholic Beverage Clubs: A nightclub, bar, restaurant or other commercial establishment that does not serve alcoholic beverages but features sexual exhibits or displays:

1. Persons who appear in a state of nudity or seminude; or

2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

3. Films, motion pictures, videocassettes, slides or other photographic reproductions which depict or describe "specified sexual activities" or "specified anatomical areas".

   R.   Sexually Oriented Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas".

   SEXUALLY ORIENTED BUSINESS USES: Includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, "soda pop" or nonalcoholic beverage club, adult barbershops, adult beauty salons, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Nevada Revised Statutes section 201.235 et seq., are not included. As used in this chapter, for licensing and regulatory purposes, sexually oriented business uses do not include houses of prostitution which are licensed, controlled, operated and zoned under chapter 9 of this title.

   SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast below a point immediately above the top of the areola; and

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES: A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism; or

   B.   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or

   C.   Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

   D.   Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

   E.   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restrain of any such persons; or

   F.   Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

   G.   Human excretion, urination, menstruation, vaginal or anal irrigation.

   SUBSTANTIAL ENLARGEMENT: The increase in floor area occupied by the business by more than twenty five percent (25%), as the floor area existed on the effective date hereof.

   TRANSFER OF OWNERSHIP OR CONTROL: Means and includes any of the following:

   A.   The sale, lease or sublease of the business;

   B.   The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange or similar means; or

   C.   The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 440, 4-12-1994)

The following uses are classified as sexually oriented business uses:

   A.   Accessory: Accessory sexually oriented business uses which:

      1.   Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located and comprise no more than twenty percent (20%) of the gross receipts of the entire business operation; and

      2.   Do not involve or include any activity except the sale or rental of merchandise; or

      3.   Involve or include dancing or live entertainment characterized by an emphasis on the presentation of "specified sexual activities" or "specified anatomical areas", if such live entertainment is only presented as an occasional activity of the business operation. To qualify as an accessory sexually oriented business use, said activity or event shall be limited to no more than twenty one (21) consecutive days taking place at minimum thirty (30) days' interval following a similar activity or event and such activities or events occurring no more than four (4) times within a calendar year.

   B.   Principal: Principal sexually oriented business uses include, but are not limited to, the following:

      1.   Body painting studio;

      2.   Adult video and/or adult bookstore;

      3.   Cabaret;

      4.   Soda pop or nonalcoholic beverage club;

      5.   Companionship establishment;

      6.   Conversation/rap parlor;

      7.   Health/sport club;

      8.   Sexually oriented hotel or motel;

      9.   Massage parlor, health club or studio;

      10.   Mini-motion picture theater;

      11.   Modeling studio;

      12.   Motion picture arcade;

      13.   Motion picture theater;

      14.   Novelty business;

      15.   Sauna;

      16.   Steam room/bathhouse facility;

      17.   Barbershops;

      18.   Beauty shops;

      19.   Private clubs.

   C.   Exception For Houses Of Prostitution: Houses of prostitution which are regulated under chapter 9 of this title are not included within the classification of sexually oriented business uses as herein regulated. (Ord. 440, 4-12-1994)

   A.   Required; Exemptions:

      1.   It is unlawful for any person, firm or corporation to operate a principal sexually oriented business use without having first secured a license as herein provided.

      2.   Except for dancing and live entertainment, as herein regulated, accessory sexually oriented business uses shall not require a license pursuant to this section. An accessory sexually oriented business use which hires or contracts for live entertainment or dancing must apply for and obtain a temporary business license for each event. The application for the temporary license must be on a form provided by the city clerk.

   B.   Application: An application for a license for a principal sexually oriented business use must be made on a form provided by the city. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6"). Applicants who must comply with section 4-10-19 of this chapter shall submit a diagram meeting the requirements of that section.

   C.   Qualifications: The applicant must be qualified according to the provisions of this section and section 4-10-5 of this chapter and the premises must be inspected and found to be in compliance with the law by the fire department and building official.

   D.   Signature: If a person who wishes to operate a sexually oriented business use is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business use is other than an individual, each individual who has an interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4-10-5 and each applicant shall be considered a licensee if a license is granted. (Ord. 440, 4-12-1994)

   A.   Content Of Application: The license application for a principal sexually oriented business use shall contain the following:

      1.   Names, ages and addresses of all persons who have or will have any financial interest in the operation, including the owner of the real property, if the real property is leased to the operator;

      2.   Names, ages and addresses of persons who are or will be personally responsible for the conduct and management of the operation;

      3.   A recent photograph and complete set of fingerprints of all persons listed in subsections A1 and A2 of this section;

      4.   Names and addresses of every other business in which the applicant has any financial interest, including the type of such business and the nature of the applicant's interest;

      5.   Names and addresses of all employers of the applicant in the preceding five (5) years;

      6.   All the applicant's addresses for the preceding five (5) years;

      7.   A list of all prior convictions of the applicant for any crime, excluding minor traffic violations, which list shall include a statement of the offense, the place of its occurrence, the date of its occurrence, and the disposition of the case;

      8.   A complete and accurate financial statement of the applicant;

      9.   The street address of the property upon which the proposed operation is to be conducted.

   B.   Referral For Investigation: Upon presentation of any license application to the city clerk, the city clerk shall refer such application to the chief of police for investigation. The chief of police shall conduct a full investigation of all information contained in the license application.

   C.   Report Of Investigation Results: Within forty five (45) days after any application is referred by the city clerk to the chief of police, the chief of police shall report the results of his investigation in writing to the city clerk, which shall include, but shall not be limited to, the following:

      1.   A complete statement of the results of all investigations undertaken;

      2.   A list of any errors or omissions found to exist in the application; and

      3.   A recommendation by the chief of police for approval or denial of the license.

   D.   Refusal Conditions: The city clerk, at her own direction or at the request of the chief of police, shall refuse to grant a license to any applicant:

      1.   Where an applicant or an applicant's spouse has been convicted of any felony or a crime involving any of the following:

         a.   Any offense relating to:

            (1)   Indecent exposure;

            (2)   Public sexual indecency;

            (3)   Public sexual indecency to a minor;

            (4)   Sexual abuse;

            (5)   Sexual conduct with a minor;

            (6)   Sexual assault;

            (7)   Sexual assault of a spouse;

            (8)   Molestation of a child;

            (9)   Lewd and lascivious acts.

         b.   Any of the prostitution or pandering offenses.

         c.   Any offense relating to:

            (1)   Production, publication, sale, possession and presentation of obscene items;

            (2)   Coercing acceptance of obscene articles or publications;

            (3)   Furnishing obscene or harmful items to minors;

            (4)   Public display of explicit sexual materials;

            (5)   Creation, transportation or distribution of obscene films, photographs or motion pictures of minors;

            (6)   Obscene or indecent telephone communications to minors for commercial purposes.

         d.   Any offense relating to:

            (1)   Commercial sexual exploitation of a minor;

            (2)   Sexual exploitation of a minor;

            (3)   Admitting minors to public displays of sexual conduct.

         e.   Any offense relating to:

            (1)   Incest;

            (2)   Contributing to delinquency and dependency;

            (3)   Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations;

            (4)   Sex with animals.

         f.   Any similar offenses to those described above under the criminal or penal code of the state, other states, other cities or other countries.

         g.   Facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses for which:

            (1)   Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

            (2)   Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

            (3)   Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period.

      2.   Who has any financial interest in, or connection with, any business which is illegal where such business is located.

      3.   When the proposed establishment is not in the correct zoning.

      4.   An applicant is under eighteen (18) years of age.

      5.   An applicant is delinquent in his or her payment to the city of taxes, fees, fines or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business use.

      6.   An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form, or has wilfully omitted or incorrectly stated any material fact on the application.

      7.   An applicant has been convicted of a violation of a provision of this section within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

      8.   An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business use within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business use has been revoked within the preceding twelve (12) months.

      9.   The premises to be used for the sexually oriented business use has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances.

      10.   The license fee required by this section has not been paid.

      11.   An applicant has been employed in an sexually oriented business use in a managerial capacity within the preceding twelve (12) months and has demonstrated that he or she is unable to operate or manage a sexually oriented business use premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.

      12.   An applicant or the proposed establishment is in violation of or is not in compliance with this code.

      13.   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.

      14.   An applicant who has been convicted or whose spouse has been convicted of an offense listed above may qualify for a sexually oriented business use license only when the time period required by this section has elapsed.

      15.   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the classification or classifications of the sexually oriented business use for which it is granted, the expiration date, and the address of the sexually oriented business use. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business use so that they may be easily read at any time.

   E.   License Restrictions: Every license issued under the provisions of this chapter, shall have the following restrictions:

      1.   No operation may be conducted in violation of any applicable city, county, state or federal ordinance, statute or regulation;

      2.   No change in ownership, partners or persons with any interest in the sexually oriented business use after being approved for a license without first obtaining city approval in regards to any changes of ownership, partners, or persons with any interest in the sexually oriented business use. (Ord. 440, 4-12-1994)

The annual fee for a sexually oriented business use license shall be set by resolution of the city council. The investigation fee for the purpose of issuing a license shall be set by resolution of the city council. In the event that the license is denied upon application, the licensee fee shall be refunded; however, no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended or revoked. All licenses shall be issued on an annual basis from January 1 to December 31 of each year. The license fee shall be paid annually or semiannually and shall be due on or before December 31 of each year. (Ord. 440, 4-12-1994)

   A.   Authorized: An applicant or licensee shall permit representatives of the police department, fire department and building inspection division to inspect the premises of a sexually oriented business use for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

   B.   Refusal: A person who operates a sexually oriented business use, or his or her agent, or his or her employee, commits an offense if the person refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. (Ord. 440, 4-12-1994)

   A.   Application: Each license shall be renewed only by making a renewal application as provided by the city clerk. The city clerk and chief of police shall review the renewal application and shall grant or deny the renewal license application on the same basis as set forth in section 4-10-5 of this chapter. Applications for renewal shall be made at least thirty (30) days before the expiration date. If the city clerk or chief of police determines good and sufficient cause is shown by the applicant for failure to file a timely renewal application, the city clerk may, if other provisions of the section are complied with, grant the application.

   B.   Denial: When the city clerk or chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city clerk finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.

   C.   Penalty: If any license fee provided for by this chapter shall remain unpaid for more than fifteen (15) days after the same is due, a penalty of twenty five percent (25%) shall be added to the license fee and collected by an officer or employee of the city clerk's office. (Ord. 440, 4-12-1994)

The city clerk or chief of police may suspend a license for a period not to exceed thirty (30) days following written notice and an opportunity to be heard if the city clerk or chief of police determines that a licensee or an employee of a licensee has:

   A.   Violated or is not in compliance with this chapter or with the uniform codes adopted by the city in this code or applicable state laws, including those relating to buildings, electricity, plumbing, fire safety and mechanical equipment; or violation of state law relating to the same;

   B.   Refused to allow an inspection of the sexually oriented business use premises as authorized by this chapter or any other chapter of this code; or

   C.   Demonstrated an inability to operate or manage a sexually oriented business use in a peaceful and law abiding manner thus necessitating action by law enforcement officers. (Ord. 440, 4-12-1994)

   A.   Authorized: The city clerk or chief of police may revoke a license preceded by written notice and an opportunity to be heard if a cause of suspension in section 4-10-9 of this chapter occurs and the license has been suspended within the preceding twelve (12) months.

   B.   Conditions: The city clerk or chief of police may revoke a license if the city clerk or chief of police determines that:

      1.   A licensee gave false or misleading information to the city during the application process;

      2.   A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;

      3.   A licensee or an employee has knowingly allowed prostitution on the premises;

      4.   A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

      5.   A licensee has been convicted of an offense listed in subsection 4-10-5D1 of this chapter for which the time period required in that section has not elapsed;

      6.   On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in subsection 4-10-5D1 of this chapter, for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business use at the time the offenses were committed;

      7.   A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises;

      8.   A licensee is delinquent in payment to the city for ad valorem taxes, local lodging tax, or other taxes or fees related to the sexually oriented business use;

      9.   Failure of any licensee to apply for a renewal as required in section 4-10-8 of this chapter shall be grounds for the city clerk or chief of police to revoke the license. Any license thus revoked may be reinstated only upon compliance by the licensee with all requirements of this chapter relating to original license applications.

   C.   Appeal No Effect: The fact that a conviction is being appealed shall have no effect on the revocation of the license.

   D.   Exception: Subsection B7 of this section does not apply to sexually oriented motels as a grounds for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view, or the licensee, or employee knowingly allowed any felony to be committed on or about the premises of the sexually oriented motel.

   E.   Term Of Revocation: When the city clerk or chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business use license for one year from the date revocation became effective. If, subsequent to revocation, the city clerk or chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. (Ord. 440, 4-12-1994)

   A.   Authorized; Time Limit: If the city clerk or chief of police denies the issuance of a license, or suspends or revokes a license, the city clerk or chief of police shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action, and the right to an appeal. The aggrieved party may appeal the decision of the city clerk or chief of police within thirty (30) days of receiving notice of the city's action. The filing of an appeal stays the action of the city clerk or chief of police in suspending or revoking a license until the city council makes a final decision.

   B.   Procedure: The city council may hear the appeal itself or may appoint a committee of the city council or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the city council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the city council shall make a final decision.

   C.   Additional Requirements: The city council may condition denial, suspension, revocation or nonrenewal of a license upon appropriate terms and conditions. (Ord. 440, 4-12-1994)

A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business use under the authority of a license at any place other than the address designated in the application. (Ord. 440, 4-12-1994)

   A.   The regulations and provisions of this chapter set forth in sections 4-10-15 through 4-10-26 of this chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date hereof, and regardless of whether such persons and businesses are currently licensed to do business in the city.

   B.   All such persons and businesses requiring sexually oriented business use licenses shall have fifty (50) days from the effective date hereof to comply with the regulatory provisions of this chapter set forth in sections 4-10-15 through 4-10-26 of this chapter. (Ord. 440, 4-12-1994)

(Rep. by Ord. 447, 7-12-1994)

   A.   Employment Of Minors: An escort agency shall not employ any person under the age of eighteen (18) years.

   B.   Offense: A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. (Ord. 440, 4-12-1994)

   A.   Employment Of Minors: A nude model studio shall not employ any person under the age of eighteen (18) years or allow any person under eighteen (18) years of age on the premises.

   B.   Offense: A person commits an offense if he or she appears in a state of nudity or seminudity or knowingly allows another to appear in a state of nudity or seminudity in an area of a nude model studio premises which can be viewed from the public right of way.

   C.   Offense By Minor; Defense: A person under the age of eighteen (18) years commits an offense if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.

   D.   Barrier Required: A person commits an offense if the person provides any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet (3') high. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.

   E.   Bed, Sofa Or Mattress: A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. (Ord. 440, 4-12-1994)

   A.   Presence Of Minor: A person commits an offense if he or she knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity or seminudity in or on the premises of a sexually oriented motion picture theater or allows any customer of the business under the age of eighteen (18) years on the premises.

   B.   Defense: It is a defense to prosecute under subsection A of this section if the person under eighteen (18) years was in a restroom not open to public view or to persons of the opposite sex. (Ord. 440, 4-12-1994)

   A.   Presumption: Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is a sexually oriented motel as that term is defined in this chapter.

   B.   Offense: A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business use license, he or she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he or she rents or subrents the same sleeping room again.

   C.   Terms Defined: For purposes of subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. (Ord. 440, 4-12-1994)

   A.   Requirements: A person who operates or causes to be operated a sexually oriented business use, other than a sexually oriented motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: