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)