(A) The board 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 the power to cancel, temporarily suspend for such a period of time as they deem advisable, or permanently revoke 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 board 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 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
5. 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
6. 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 policeman, 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 to or fails to furnish the chief of police, or any policeman 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
7. 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
8. 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 of Nevada or of the United States of America regulating the sale, serving or dispensing of liquors; or
9. 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) Except in cases of the automatic cancellation or revocation of a license as in this chapter provided, upon the filing with the board 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 board forthwith shall issue a citation directing the licensee, not less than five (5) days after service thereof upon the licensee, to appear by filing with the board the licensee's verified answer to the complaint showing cause, if any the licensee has, why his license should not be canceled, suspended, revoked, 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 sheriff of Elko County, 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.
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 resident 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, managing agent or resident 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 board 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) Upon the filing of an answer by the licensee, the board shall fix the time and place for a hearing and give the licensee and the complainant not less than five (5) 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 board, 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) Upon 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 board shall, within ten (10) days after such submission, render its decision, which must be made by the vote of a majority of all of the members elected as councilmen of the city. If the decision of the board is that the charge set forth in the complaint has been established, the board shall do one or more of the following:
1. Revoke or cancel the license;
2. Suspend the license for such a period of time as the board deems advisable;
3. Place such restrictions upon the license and/or the licensee's place of business as the board deems advisable;
4. Make the license and the continued force and effect thereof conditioned upon such terms and conditions as the board shall deem advisable.
If, in the opinion of a majority of all the members elected, the charges set forth in the complaint have not been established, or proved, they shall dismiss the complaint.
(E) The board may, upon stipulation of the complainant and the licensee, shorten or extend the times herein set in connection with notices, pleadings and hearings. (Ord. 86, 7-14-1976, eff. 7-21-1976)