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A. Investigation, Warnings, And Reporting Of Violations To City Council:
1. The business license official is responsible for the enforcement of business license regulations and ordinances and the investigations thereof. The business license official or his or her designee shall have authority to enforce compliance with the provisions of this title through the issuance of warnings to individuals and/or entities for violations of the provisions of this title. Violations of this title which the business license official deems necessary for additional disciplinary action shall be reported to the City Council for appropriate action.
B. Business Licensing Department To Cooperate With Other Regulatory Agencies:
1. The Business License Department ("department") shall cooperate with other public agencies concerned with the regulation and control of business licenses, and to that end may exchange with such agencies any and all types of confidential information. When dealing with any gaming matter, the department may immediately inform the State gaming agencies of any investigation, hearing or other actions that the department, or its members or agents may take.
2. The department may enter into an agreement with the State gaming agencies such that duplication of effort shall be kept to a minimum; provided, however, that if the apparent violation is of such a character that action should be taken and if the State gaming agencies fail, refuse or decline to assume control of the investigation and hearing, then the department shall promptly investigate.
3. The department may enter into an agreement(s) with Liquor and Gaming Boards in the incorporated and unincorporated cities and towns of Clark County so that overall regulation and control may be more effectively maintained.
C. Complaint Against License; Determination By City Attorney: In addition to any action taken by the business license official or his or her designee, upon the report by the business license official of a violation charging a licensee with the commission of any act which may be cause for additional disciplinary action, the City Attorney, or his deputy, shall determine the legal sufficiency of the evidence. If necessary, the business license official may request the City Attorney and/or Chief of Police to make further investigation of the alleged violation.
D. Complaint Service:
1. Upon a finding by the City Attorney that there is sufficient evidence of a violation of the regulations or ordinances, or of a threat or hazard to the public health, safety, morals or welfare, he shall draft a written complaint which shall set forth in ordinary and concise language the violation(s) with which the licensee or affected person (respondent) is charged. The complaint shall specify the statute, regulation or ordinance which the respondent is alleged to have violated, or the hazard or threat to the public health, safety, morals, welfare or good order and shall be signed by the business license official.
2. Upon the issuance of the complaint by the city attorney, the city council shall forthwith review it and determine by vote of the majority of the members present whether to impose any additional suspension, limitation, revocation or disciplinary action.
3. The complaint shall direct the respondent, within ten (10) days after service thereof upon him or her, to appear by filing with the city clerk, his verified answer to the complaint. The answer shall state whether or not the respondent requests a hearing, and shall admit or deny the facts alleged in the complaint and raise all legal and factual issues the respondent desires the city council to consider. The complaint shall notify the respondent that failure to file an answer shall result in disciplinary action against him or her by default. Service of the complaint shall be made upon the respondent as provided by the Nevada rules of civil procedure for the service of process in civil actions. Proof of service shall be filed with the city clerk.
4. The city attorney shall thereafter be in charge of presenting the evidence to the city council.
5. Upon the filing of an answer, the mayor shall fix a time and place for hearing and give the respondent not less than fifteen (15) days' notice. The city clerk shall give notice of such hearing date and time to the respondent and the city attorney by depositing in the United States certified mail a true copy of the notice enclosed in a sealed envelope with postage thereon fully paid, addressed to the respondent and his attorney, if any, and the city attorney at the address shown on the pleadings.
E. Form Of Answer; Filing Deadline:
1. The answer of the complaint shall be signed and verified by the respondent, or his or her agent, served upon the city attorney which prepared the complaint, and filed with the city clerk within ten (10) days after service upon respondent of the complaint. The complaint and answer shall form the pleadings for the hearing.
2. The answer shall read substantially as follows:
BEFORE THE CITY COUNCIL OF THE CITY OF MESQUITE, COUNTY OF CLARK, STATE OF NEVADA, In the Matter of:
Disciplinary Action Against
To the Members of the City Council:
(1) The respondent does not request a hearing. (Note: If a hearing is desired, omit word "not".)
(2) The Respondent admits the following facts set forth in the complaint:
(3) The Respondent denies the following facts set forth in the complaint:
(4) The Respondent believes the following defenses and explanations should be considered by the City Council:
(5) The Respondent raises the following legal defenses:
3. Upon the filing of an answer, the respondent shall be entitled to a hearing on the merits upon the issues denied by the answer.
F. Failure Of Licensee To Answer Charges Deemed Admission Of Guilt:
1. Failure of the respondent to answer within the time specified shall be deemed an admission by him or her of the commission of the act or acts charged in the complaint. Thereupon, the city council shall forthwith impose disciplinary action, as the case may be, and shall give notice of such disciplinary action by mailing a true copy thereof by United States certified mail in a sealed envelope with postage thereon fully prepaid, addressed to the respondent at his latest address of record.
2. Failure to file an answer within the time designated shall further constitute a waiver of respondent's right to a hearing and to judicial review of any decision or order, but the city council, in its discretion, may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken in the answer, all objections to the form of complaint are waived.
G. Subpoena And Compensation Of Witnesses: At any time prior to a hearing or during a hearing before the city council, the council 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 of Nevada or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the Nevada 8th judicial district court. Such fees shall be paid by the party at whose request the witness is subpoenaed and the city council may, in its discretion, award as costs the amount of all expenses of witnesses to the prevailing party.
H. Witness; Affidavit; Service: The testimony of any material witness residing within or without the state of Nevada may be taken by deposition in the manner provided by the Nevada rules of civil procedure. Affidavits may be received in evidence at any hearing of the city council in accordance with the following:
1. The party wishing to use such affidavit shall, not less than four (4) days prior to the day set for the hearing, serve upon the opposing party or counsel, either personally or by certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in subsection H3 of this section.
2. Unless the opposing party, within two (2) days after such service, mails or delivers to the proponent a request to cross examine affiant, his right to cross examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross examine an affiant is not afforded after the request is made in accordance herewith, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
3. The notice referred to in subsection H1 of this section shall be substantially in the following form:
The accompanying affidavit of (name of affiant) will be introduced as evidence at the hearing set for the day of , 20 .
(name of affiant) will not be called to testify orally and you will not be entitled to question him or her unless you notify the undersigned that you wish to cross- examine him or her. To be effective your request must be mailed or delivered to the undersigned on or before two (2) days from the date of this notice and the enclosed affidavit are served upon you.
(Party or Counsel)
I. Hearing Procedure; Record: The following procedures shall apply at all hearings of the city council:
1. A quorum of the city council shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
2. No member of the city council who did not hear the evidence shall vote on the decision.
3. The proceedings at the hearing shall be reported either stenographically and/or by audio recorder.
4. Oral evidence shall be taken upon oath or affirmation administered by the city clerk.
5. Every party to a hearing shall have the right:
a. To call and examine witnesses; and
b. To introduce exhibits relevant to the issues of the case, including the transcript of testimony at an investigative hearing conducted by, or on behalf of, the city manager or city council; and
c. To cross examine opposing witnesses on matters relative to the issues of the case, even though the matter was not covered in a direct examination; and
d. To impeach any witness regardless of which party called him or her to testify; and
e. To offer rebuttal evidence.
6. If the licensee does not testify in his own behalf, he may be called and examined as if under cross examination.
7. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and shall be sufficient 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.
8. 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.
J. Judicial Notice; Evidence Admissible:
1. The city council may take official notice of any generally accepted information or technical or scientific matter within the area of business licensee conduct and control and of any fact which may be judicially noticed by the courts of this state.
2. The parties shall be informed of any information, matter or fact so noticed, and shall be given a reasonable opportunity, on request, to refute such information, matter or fact by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the city council.
K. Amendment; Filing Of Amended Pleadings: The city council may, in its discretion, before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
L. Misconduct During Hearing; Referral To District Court; Contempt: If any person in proceedings before the city council disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or near the place thereof so as to obstruct the proceedings, the city council may, in addition to remedies available to it, certify the facts to the district court. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished for contempt. The court order and a copy of the statement of the city council shall be served on the person cited to appear. Thereafter the court shall have jurisdiction of the matter; and the proceedings shall be had, the same penalties may be imposed, and the person charged may purge themselves of the contempt as in the trial of a civil action before a district court.
M. Written Decision Of City Council; Majority Vote Necessary: After the hearing of a contested matter, the city council shall render a written decision on the merits which shall contain a determination of the issues presented and the disciplinary action to be imposed, if any, and shall thereafter make and enter its written order in conformity with such decision. The affirmative votes of a majority of the city council hearing the evidence shall be required to impose any disciplinary action. Copies of the decision and order shall be served on the parties personally or sent to them by certified mail. The decision shall become and remain effective upon such service, unless the city council shall otherwise order.
N. Aggrieved Party; Petition For Rehearing: Within ten (10) days after service of an order of the city council, any party aggrieved may petition for a rehearing. Such petition shall not be granted except upon a showing that there is additional evidence which is material, necessary and reasonably calculated to change the decision of the city council. The petition shall be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence shall be permitted. After rehearing, the city council may modify its decision and order as the additional evidence may warrant.
O. Judicial Review: Any person aggrieved by final decision or order of the city council made after hearing or rehearing as heretofore provided, and whether or not a petition for rehearing was filed, may obtain a judicial review of questions of law thereof in the Nevada 8th judicial district court.
1. The judicial review shall be instituted by filing a petition within twenty (20) days after the effective date of the final decision or order. A petition for review may not be filed while a petition for rehearing is pending before the city council. The petition for review shall set forth the order or decision appealed from, and shall set forth the specific rulings on questions of law which the petition contends constitutes error.
2. Copies of the petition shall be served upon the city council and all other parties of record, or their counsel of record, either personally or by certified mail.
3. The filing of the petition shall not stay enforcement of the decision or order of the city council, but the city council itself may grant a stay upon such terms and conditions as it deems proper, upon timely filed motion.
4. Upon written request of petitioner and upon payment of such reasonable costs and fees as the city council may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, shall be prepared by the city council or designated city employee.
5. The complete record on review shall include copies of all pleadings in the case, all notices and interim orders issued by the city council in connection with the case, all stipulations, the decision and the order appealed from, a transcript of all testimony, evidence and proceedings at the hearing, the exhibits admitted or rejected, and any other papers in the case.
6. A copy of any document may be used in lieu of an original. The record on review may be shortened by stipulation of all parties to the review proceedings. (Ord. 477, 12-10-2013, eff. 12-31-2013)