1. Purpose: It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens within the jurisdictional confines and boundaries of the PRPD, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the jurisdictional confines and boundaries of the PRPD. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
2. Findings: Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the commission, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., 529 U.S. 277 (2000), City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); Fantasyland Video, Inc. v. County of San Diego, --- F.3d ---, 2007 WL 2983710 (9th Cir., Oct. 15, 2007); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (2006); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); Ellwest Stereo Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982); Davis v. Gates, No. 91-56174, 1992 U.S. App. LEXIS 22417 (9th Cir. July 7, 1992); IDK, Inc. v. County of Clark, 836 F.2d 1185 (9th Cir. 1988); Baby Tam & Co. v. City of Las Vegas, 199 F.3d 1111 (9th Cir. 2000) (Baby Tam II); Baby Tam & Co. v. City of Las Vegas, 247 F.3d 1003 (9th Cir. 2001) (Baby Tam III); Dream Palace v. Maricopa County, 384 F.3d 990 (9th Cir. 2004); Lydo Enterprises, Inc. v. City of Las Vegas, 745 F.2d 1211 (9th Cir. 1984); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, summaries of key secondary effects reports; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square - 1994; "The Report Of The Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" (June 6, 1989, state of Minnesota); legislative record for Nye County ordinance 293; and an investigator affidavit - 2007.
   The commission finds:
   1. Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
   2. Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
   3. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths, rooms, or cubicles for viewing films, videos, or live sex shows.
   4. Offering and providing such space encourages such activities, which creates unhealthy conditions.
   5. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
   6. At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, non A, non B amebiasis, salmonella infections and shigella infections.
   7. Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: six hundred (600) in 1982, two thousand two hundred (2,200) in 1983, four thousand six hundred (4,600) in 1984, eight thousand five hundred fifty five (8,555) in 1985, forty one thousand four hundred forty eight (41,448) in 1990, seventy thousand four hundred twelve (70,412) in 1995, forty four thousand five hundred eighty (44,580) in 1999, forty thousand two hundred eighty two (40,282) in 2000, forty one thousand four hundred fifty (41,450) in 2001 and forty two thousand seven hundred forty five (42,745) in 2002 (Centers for Disease Control and Prevention, National Center for HIV, STD and TB Prevention, Division of HIV/AIDS Prevention- Surveillance and Epidemiology, AIDS Surveillance, 2003 special data run, table 53).
   8. As of December 31, 2002, there have been four thousand eight hundred ninety one (4,891) reported cases of AIDS in the state of Nevada.
   9. Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the state of Nevada.
   10. The number of cases of early (less than 1 year) syphilis in the United states reported annually has risen, with thirty three thousand six hundred thirteen (33,613) cases reported in 1982 and forty five thousand two hundred (45,200) through November of 1990.
   11. The number of cases of gonorrhea in the United States reported annually remains at a high level, with over three hundred fifty one thousand eight hundred fifty two (351,852) cases being reported in 2002 (Center for Disease Control and Prevention, government STD statistics, table 1).
   12. The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
   13. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
   14. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
   15. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.
   16. The findings noted in subsections B1 through B15 of this section raise substantial governmental concerns.
   17. Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
   18. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to assure that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the PRPD. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
   19. Removal of doors on adult booths and requiring sufficient lighting and a direct line of sight between a manager's station and viewing areas advances a substantial governmental interest in curbing the illegal, unhealthy, and unsanitary sexual activity occurring in adult theaters.
   20. Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
   21. The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
   22. It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.
   23. The fact that an applicant for an adult use license has been convicted of sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.
   24. The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct that leads to the transmission of sexually transmitted diseases.
   25. The general welfare, health, morals and safety of the citizens of the PRPD will be promoted by the enactment of this chapter within the jurisdictional confines and boundaries of the PRPD. (Ord. 348 § 1, 2008)
       

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated, slug operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image producing 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 the depicting or describing of "specified sexual activities" or "specified anatomical areas".

ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT CABARET: A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

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 are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT MOTEL: A hotel, motel or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

EMPLOYEE: A person who performs any service on the premises of a sexually oriented business on a full time, part time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

ESTABLISHMENT: Means and includes any of the following:

1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The additions of any sexually oriented business to any other existing sexually oriented business; or
4. The relocation of any sexually oriented business.

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; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

NUDE MODEL STUDIO: Any place where a person who appears seminude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state of Nevada or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
2. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
3. Where no more than one nude or seminude model is on the premises at any one time.

NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, penis, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

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

SEMINUDE OR IN A SEMINUDE CONDITION: The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

SPECIFIED ANATOMICAL AREAS:

1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses:

1. Illegal prostitution or promotion of illegal prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; illegal gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries; 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. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

SPECIFIED SEXUAL ACTIVITIES: Any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. Excretory functions as part of or in connection with any of the activities set forth in subsections A and B of this definition.

SUBSTANTIAL ENLARGEMENT: Of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty five percent (25%), as the floor areas exist on the effective date hereof.

TRANSFER OF OWNERSHIP OR CONTROL: Of a sexually oriented business means and includes any of the following:

1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
3. 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. 348 § 2, 2008)
   

Sexually oriented businesses are classified as follows:

1. Adult arcades;
2. Adult bookstores, adult novelty stores, or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Adult theaters;
7. Escort agencies;
8. Nude model studios; and
9. Sexual encounter centers. (Ord. 348 § 3, 2008)
   

1. It is unlawful:
   1. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the county pursuant to this chapter.
   2. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the county pursuant to this chapter.
   3. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
2. An application for a license must be made on a form provided by the county.
3. All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide the information specified in this chapter to enable the county to determine whether the applicant meets the qualifications established in this chapter.
4. If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a thirty five percent (35%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
5. The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
   1. If the applicant is:
      1. An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen (18) years of age;
      2. A partnership, the partnership shall state its complete name, and the names of all general partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
      3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders (stockholders having 35 percent or more of the financial interest in the corporation), and the name of the registered corporate agent and the address of the registered office for service of process.
   2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must: a) state the sexually oriented business's fictitious name and b) submit the required registration documents.
   3. Whether the applicant has been convicted of a "specified criminal activity" as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
   4. Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
   5. Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
   6. The single classification of license for which the applicant is filing.
   7. The location of the existing or proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s).
   8. The applicant's mailing address.
   9. A recent photograph of the applicant(s).
   10. The applicant's driver's license number and/or his/her state or federally issued tax identification number.
   11. 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 it 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").
   12. A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor in accordance with subsections 17.08.120E and F of this chapter, depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand five hundred feet (1,500') of the building or structure to be certified; the property lines of any established religious institution/synagogue, school, or public park, recreation area, public library, childcare facility, or residential use property within one thousand five hundred feet (1,500') of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
   13. If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth, films, videocassettes, or other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in sections 17.08.140 and 17.08.120 of this chapter.
6. Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the county the following information:
   1. The applicant's name or any other name (including "stage" names) or aliases used by the individual;
   2. Age, date, and place of birth;
   3. Height, weight, hair and eye color;
   4. Present mailing address and telephone number;
   5. Present business address and telephone number;
   6. Date, issuing state and number of driver's license or other identification card information;
   7. Driver's license number; and
   8. Proof that the individual is at least eighteen (18) years of age.
7. Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:
   1. A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the sheriff's department. The sheriff's department shall provide photographs and fingerprints upon request Monday through Friday during normal business hours. Any fees for the photographs and fingerprints shall be paid by the applicant.
   2. A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
   3. A statement whether the applicant has been convicted of a "specified criminal activity" as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. (Ord. 348 § 4, 2008)
      

1. Upon the filing of said application for a sexually oriented business employee license, the county shall issue a temporary license to said applicant. The application shall then be referred to the appropriate county departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the county shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
   1. The applicant has failed to answer or has falsely answered a question or request for information on the application form;
   2. The applicant is under the age of eighteen (18) years;
   3. The applicant has been convicted of a "specified criminal activity" as defined in this chapter;
   4. The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or
   5. The applicant has had a sexually oriented business employee license revoked by the county within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 17.08.100 of this chapter.
2. A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the county that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 17.08.060 of this chapter.
3. Within thirty (30) days after receipt of a completed sexually oriented business application, the county shall approve or deny the issuance of a license to an applicant. The county shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
   1. An applicant is under eighteen (18) years of age.
   2. An applicant is overdue in payment to the county of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
   3. An applicant has failed to answer or has falsely answered a question or request for information on the application form.
   4. An applicant has been denied a license by the county to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
   5. An applicant has been convicted of a "specified criminal activity" defined in this chapter.
   6. The premises to be used for the sexually oriented business have been found by the state division of health, state fire marshal, or the PRPC as being not in compliance with applicable laws and ordinances.
   7. The license fee required by this chapter has not been paid.
   8. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
4. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to section 17.08.030 of this chapter.
   
   All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
5. The state division of health, state fire marshal and the PRPC shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the county. (Ord. 348 § 5, 2008)
   

1. Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual three hundred dollar ($300.00) nonrefundable application, investigation, and license fee.
2. Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual fifty dollar ($50.00) nonrefundable application, investigation, and license fee.
3. All license applications and fees shall be submitted to the sheriff of the county of Nye. (Ord. 348 § 6, 2008)
   

1. An applicant or licensee shall permit representatives of the Nye County sheriff's office, the state division of health, state fire marshal, Nye County division of code enforcement, or other county departments or agencies to inspect the portion of the premises of a sexually oriented business open to the public for the purpose of ensuring compliance with the requirements of this chapter, at any time it is occupied or open for business.
2. A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business. (Ord. 348 § 7, 2008)
   

1. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 17.08.040 of this chapter. Application for renewal shall be made at least sixty (60) days before the expiration date, and when made less than sixty (60) days before the expiration date, the expiration of the license will not be affected.
2. Should the county deny 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 county 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. (Ord. 348 § 8, 2008)
   

1. The county shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
   1. Violated or is not in compliance with any section of this chapter;
   2. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
2. Notwithstanding any other provisions of this chapter, every licensee accepts such license subject to all the conditions and provisions of this chapter. Upon any suspension or revocation of a license, after notice and hearing, the county shall be entitled to retain any license fee paid.
3. The county, by and through the Nye County board of county commissioners, may, on its own motion or upon the sworn complaint in writing of any person, request the sheriff to investigate the conduct of any licensee or employee under this chapter to determine whether grounds for suspension of a license exists. The sheriff may request the assistance of the licensee in such an investigation.
4. After an investigation, if it appears that a grounds for suspension exists, the commission shall issue and cause to be served on the licensee and/or employee an order to show cause why his/her license should not be suspended. The order shall contain:
   1. A statement directing the licensee or licensee's agent to appear before the commission at a time and place set forth therein which shall not be less than ten (10) days from the date of service of the order to show cause on the licensee;
   2. A brief statement of the grounds for suspension;
   3. A statement that the licensee shall have an opportunity to be heard, present witnesses and confront any witnesses against him.
5. Service on the licensee shall be made by personally delivering a copy of the order to show cause to one of the persons whose name is on the license, or by mailing a copy of the order by certified mail with return receipt requested, to the place of business of the licensee which is specified on the license.
6. At any time prior to a hearing, or during a hearing before the commission, the commission shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena other than parties, officers or employees of the state or any of its political subdivisions shall receive fees and mileage in the same amounts and under the same circumstances as provided by state law for witnesses in civil actions in the district court. Such fees shall be paid by the party at whose request the witness is subpoenaed.
7. At all hearings before the commission, the following procedure shall apply:
   1. Oral testimony may be taken only upon oath administered by the clerk;
   2. The parties to the hearing have the right to:
      1. Call and examine witnesses,
      2. Introduce exhibits relevant to the issues of the case, including transcripts of testimony at any previous hearing conducted by or on behalf of the commission,
      3. Introduce transcripts of hearings conducted in courts of record of the state, any other state, and courts of the United States,
      4. Cross examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered on direct examination,
      5. Impeach any witness regardless of which party first called him to testify, and
      6. Offer rebuttal evidence;
   3. If the respondent does not testify on his or her own behalf, he/she may be called and examined as if under cross examination;
   4. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action;
   5. The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection;
   6. The commission may take official notice of any generally accepted information and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission;
   7. Consider all evidence and testimony in support of and in opposition to the charges;
   8. Failure to appear at the hearing constitutes an admission by the respondent of all facts alleged in the charging instrument. The commission may take action based on such an admission and on other evidence without further notice to the respondent. If the commission takes action based on such an admission, it shall include on the record what evidence such action was based on;
   9. Enter in the minutes of the commission the findings, conclusions, decision and action taken by the board. Any sanctions imposed upon a licensee or employee by the commission may include expenses and costs of the proceedings.
8. Notice of the commission findings, decisions and order shall be served pursuant to subsection E of this section.
9. Any suspension, limitations, restriction or revocation of a license shall be effective upon service as set forth herein.
10. Upon issuance and service of the order, the licensee or employee shall immediately cease the proscribed activity.
11. A return of service shall be filed with the clerk by the person effecting such service. (Ord. 348 § 9, 2008)
    

1. The county shall revoke a license if a cause of suspension in section 17.08.090 of this chapter occurs and the license has been suspended within the preceding twelve (12) months.
2. The county shall revoke a license if it determines that:
   1. A licensee gave false or misleading information in the material submitted during the application process;
   2. A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
   3. A licensee has knowingly allowed prostitution on the premises;
   4. A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
   5. Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
   6. A licensee is delinquent in payment to the town, county, or state for any taxes or fees past due.
3. Any proceedings and/or hearings initiated pursuant to this section shall be conducted in conformance with the rules and procedures set forth in subsections 17.08.090B through K of this chapter.
4. Should the county revoke a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the county finds that the basis for the revocation has been corrected or abated, the applicant may, solely at the discretion of the commission, be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
5. Upon denial of an application, or denial of a renewal of an application or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction no later than thirty (30) days after a final ruling by the commission. The administrative action shall be promptly reviewed by the court. (Ord. 348 § 10, 2008)
   

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. (Ord. 348 § 11, 2008)

1. Except as provided in subsection G of this section, a person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than heavy industrial, light industrial, or brothel as defined and described, respectively, in subsections 17.04.440E, 17.04.430E and 17.04.470D of this title.
2. Except as provided in subsection G of this section, a person commits an offense if the person operates or causes to be operated a sexually oriented business within one thousand five hundred feet (1,500') of:
   1. A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
   2. A public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
   3. A boundary of a residential use as defined in chapter 17.04 of this title;
   4. A public park or recreational area which has been designated for park or recreational activities including, but not limited to, parks, playgrounds, nature trails, swimming pools, reservoirs, athletic fields, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the PRPD or the township of Pahrump which is under the control, operation, or management of the county or the township of Pahrump park and recreation authorities;
   5. The property line of a lot devoted to a residential use as defined in chapter 17.04 of this title;
   6. An entertainment business which is oriented primarily toward children or family entertainment; or
   7. A premises licensed pursuant to the alcoholic beverage control regulations of the state.
3. Except as provided in subsection G of this section, a person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand five hundred feet (1,500') of another sexually oriented business.
4. Except as provided in subsection G of this section, a person commits a misdemeanor if that person causes or permits the operation, establishment, expansion or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof.
5. For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection B of this section. Presence of a township, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
6. For purposes of subsection C of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
7. Any sexually oriented business lawfully operating on January 17, 2005, that is in violation of subsections A through F of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless terminated for any reason or voluntarily discontinued for a period of six (6) months or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand five hundred feet (1,500') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
8. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection B of this section within one thousand five hundred feet (1,500') of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked. (Ord. 417, 2011)
   

1. 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 an "adult motel" as that term is defined in this chapter.
2. A person commits a misdemeanor 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 license, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.
3. 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. 348 § 13, 2008)
   

1. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room, a film, videocassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
   1. Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (±6"). The county may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
   2. The application shall be sworn to be true and correct by the applicant.
   3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the county.
   4. It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
   5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises, excluding restrooms, to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
   6. It shall be the duty of the licensee to ensure that the view area specified in subsection A5 of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A1 of this section.
   7. No viewing room less than three hundred fifty (350) square feet may be occupied by more than one person at any time.
   8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candles as measured at the floor level.
   9. It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
   10. No licensee shall allow openings of any kind to exist between viewing rooms or booths.
   11. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
   12. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
   13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
   14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty eight inches (48") of the floor.
2. A person having a duty under subsections A1 through A14 of this section commits a misdemeanor if he knowingly fails to fulfill that duty. (Ord. 348 § 14, 2008)
   

1. An escort agency shall not employ any person under the age of eighteen (18) years.
2. A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. (Ord. 348 § 15, 2008)
   

1. A nude model studio shall not employ any person under the age of eighteen (18) years.
2. 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 visible to any other person.
3. A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.
4. 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. 348 § 16, 2008)
   

1. It shall be a misdemeanor for a person to knowingly and intentionally appear in a state of nudity or depict specified sexual activities in a sexually oriented business.
2. It shall be a misdemeanor for a person to knowingly or intentionally appear in a seminude condition unless the person is an employee who, while seminude, shall be at least ten feet (10') from any patron or customer and on a stage at least two feet (2') from the floor.
3. It shall be a misdemeanor for an employee, while seminude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is seminude in a sexually oriented business.
4. It shall be a misdemeanor for an employee, while seminude, to touch a customer or the clothing of a customer. (Ord. 348 § 17, 2008)
   

A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually oriented business. (Ord. 348 § 18, 2008)

This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing that the accused acted either knowingly or recklessly is necessary to establish a violation of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act. (Ord. 348 § 19, 2008)

1. It is a defense to prosecution under section 17.08.170 of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
   1. By a proprietary school, licensed by the state of Nevada; a college, junior college, or university supported entirely or partly by taxation;
   2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
   3. In a structure:
      1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
      2. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
      3. Where no more than one nude model is on the premises at any one time. (Ord. 348 § 20, 2008)
         

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 17.08.120 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of ten thousand dollars ($10,000.00) and/or thirty (30) days' imprisonment. Each day a sexually oriented business so operates is a separate offense or violation. (Ord. 348 § 21, 2008)