A. Employee: It is unlawful for any person to accept employment in any establishment or special event or to volunteer where alcohol is sold or given away, for an organization with a special event license where alcoholic beverages are sold at retail or given away on the premises, unless such person has first registered his/her name and address with city hall and had his/her thumbprints and fingerprints taken and filed with city hall and has been issued either a bartender's card or a server's card. By registering with city hall and having his/her thumbprints and fingerprints taken and filed, the person herewith authorizes the city to submit said thumbprints and fingerprints to the federal bureau of investigation, pursuant to Nevada Revised Statutes 239B.010 for the purpose of conducting a national background check of the person. (Ord. 696, 11-17-2016)
In addition to registering with city hall as described herein, the employee shall also attend a viewing of a video on alcohol awareness provided by the city within fifteen (15) calendar days of applying for a bartender's card. City staff will schedule convenient times for the viewing of said video.
B. Employer: It is unlawful for any person operating an establishment where alcoholic beverages are sold at retail on the premises or at city approved special events where alcohol is sold or given away, to employ any person required to register with city hall by the terms of this section 3-2-11 unless such person has obtained either a bartender's card or a server's card.
C. Nonissuance Of Card: Bartender's card or server's card will not be issued to those persons listed below:
1. Persons convicted of any crime equivalent to a Nevada category A felony regardless of jurisdiction in which conviction occurred;
2. Persons convicted of any felony involving the use of violence against another person;
3. Persons being supervised by the department of parole and probation, or its equivalent entity from another state, who lack written approval to work in a licensed establishment from the supervising agency;
4. Persons who have been convicted of any felony where firearms were used in the commission of a crime;
5. Persons who have been convicted of any felony or gross misdemeanor where the predicate crime was theft, false pretenses, unlawful use of a credit card, or identity theft.
D. Council Discretion: A person who has successfully completed felony or gross misdemeanor probation or parole and whose civil rights have not been restored or who has not received a pardon may be entitled to a certificate at the sole discretion of the city council.
E. No Negative Law Enforcement Contact For Three Years: Except for those persons falling under subsection C1 of this section, any other person who would otherwise be ineligible for a bartender's card or server's card due to conviction, who can establish the satisfactory completion of probation or parole and who has had no negative law enforcement contact for three (3) consecutive years following completion of probation, parole, jail or prison sentence may apply to the city council for a bartender's card or a server's card. The city council retains the sole right to authorize the issuance of a bartender's card or server's card.
F. No Negative Law Enforcement Contact For Five Years: Except for those persons falling under subsection C1 of this section, any other person who would otherwise be ineligible for a bartender's card or server's card due to a conviction, who can establish the satisfactory completion of jail, prison, probation or parole and who has had no negative law enforcement contact for five (5) consecutive years following completion of probation, parole, jail or prison sentence shall be eligible for a liquor license without city council approval.
G. Failure To Disclose: Failure to fully disclose a felony or gross misdemeanor criminal conviction will be sufficient grounds for denial or immediate revocation of a certificate.
H. Grievance: Any person aggrieved by the denial or revocation of a bartender's card or a server's card may seek a review hearing before the city council by filing a request for review with the city clerk or designee within thirty (30) calendar days of the announcement of the denial or revocation.
1. Failure to appear before the city council and/or to provide clear and convincing evidence demonstrating an error was made in the denial determination or failure to provide clear and convincing evidence meeting the requirements of subsection E or F of this section will result in an affirmance of the denial.
2. A majority vote of the city council is required to overturn a denial or revocation subject to the mayor's right to veto. (Ord. 676, 1-14-2016)