A. Each applicant for a license must submit a complete written application under oath, on forms provided by the board. The application must include, at a minimum, the following information:
1. The name and business address of the applicant and the percentage ownership of all owners of the applicant;
2. The type of license for which application is made;
3. The type of business organization the applicant comprises and a complete description thereof. A copy of the organizational documents must be included with the application;
4. Where the applicant or an owner of the applicant is a natural person, the name, date of birth, social security number, and address of the natural person;
5. Where the applicant or an owner of the applicant is a corporation, the names and addresses of the officers, directors, and shareholders of the corporation must be listed on the application;
6. Where the applicant or an owner of the applicant is a limited liability company or partnership, the names and addresses of the members, managers, partners, general partners, and limited partners must be listed on the application;
7. A description of the premises to be licensed, giving the street and number and the portion to be occupied by the establishment for which the license is sought, the name and address of the owner or owners of such premises and of any person holding any interest in the premises including interests held through a mortgage or deed of trust. A copy of all agreements whereby the applicant is entitled to possession of the premises must be included with the application;
8. A verification of proper zoning use from the Lincoln County Planning Department for which the department may charge not more than twenty five dollars ($25.00);
9. The names and addresses of any holder of indebtedness, including holders of bonds, debentures, or other lenders and including whether any of the applicant's interests have been pledged or are the subject of a voting trust agreement or other funding device;
10. A statement that if the license is granted, the applicant will conduct the establishment in accordance with the provisions of the laws of the State, the laws of the United States and the ordinances of the County applicable to the conduct of the business.
B. Each application for a license must be accompanied by the following individual applications:
1. For applications by a corporation, an application for a finding of suitability for each officer, each director, and each shareholder owning ten percent (10%) or more of the corporation;
2. For applications by a limited liability company, an application for a finding of suitability for each manager and of each member owning ten percent (10%) or more of the limited liability company;
3. For applications by a general or limited partnership, an application for a finding of suitability of each general partner and each partner owning ten percent (10%) or more of the partnership;
4. An application for a finding of suitability of an individual having a direct or indirect interest of ten percent (10%) or more in the applicant. In its discretion, the board may require owners of an interest in the applicant of less than ten percent (10%) to apply for a finding of suitability;
5. An application for a finding of suitability of the general manager;
6. An application for a finding of suitability of any landlord or lender sharing in a percentage of profits from liquor sales.
C. All applicants that are natural persons must complete and file a personal history questionnaire disclosing information regarding the applicant's family, residences, employment, education, military service and criminal history background and must submit triplicate copies of fingerprints and thumbprints to be submitted to the Federal Bureau of Investigations (FBI) for a national criminal history record check. All applicants that are natural persons who have an ownership or financial interest in the licensee must also complete and file a personal financial questionnaire.
D. The applicant may satisfy the requirements of this section by submitting to the board accurate and complete copies of all application documents supplied to the Nevada State Gaming Control Board.
E. Each application must be accompanied by a fifty dollar ($50.00) license processing fee which shall be payable to the County. The processing fee is nonrefundable and is in addition to the other fees collected pursuant to this chapter.
F. Each applicant must pay a nonrefundable investigation fee deposit of three hundred fifty dollars ($350.00) for each respective license or finding of suitability. An applicant who has been licensed or found suitable within one year of the date of a new application is not required to pay an investigation fee deposit, but must pay only those costs the Sheriff reasonably incurs to update his or her investigation.
G. The Sheriff may require prepayment of additional investigation fees as necessary to cover anticipated costs. Any investigation fee paid by the applicant or other person in excess of those necessary to cover the full cost of an investigation, other than the nonrefundable deposit, will be refunded to the applicant upon written request. If the applicant withdraws the application prior to the beginning of the investigation, posted deposits will be returned to the applicant or other person.
H. Each applicant is deemed to consent to the investigation required herein, to make full disclosure of background information to licensing officials, and agrees that any written or oral statement made or obtained during the application process to or by the board or any member thereof, or the Sheriff which is relevant to the purpose of the application process is absolutely privileged and does not impose thereon liability for defamation or constitute a ground for recovery in any civil action.
I. Each applicant shall also authorize the County to obtain information from criminal justice agencies, financial institutions, governmental agencies for use in connection with the license application. The applicant shall also sign a release of claims and indemnity agreement to the County for the use of information provided by the applicant or discovered during any investigation thereof.
J. Once an application is complete, the board shall refer the application to the Sheriff for review and investigation of the suitability of the applicant.
K. Submission of fingerprints by Lincoln County to the FBI for a criminal history record check is authorized by Nevada Revised Statute section 239B.010(1)(a). (Ord. 2018-03, 8-20-2018)