A. The city council declares that this liquor control chapter is an exercise of the regulatory powers delegated to the council by the state of Nevada pursuant to Nevada Revised Statutes 268.090, inter alia.
B. The public health, safety, morals and welfare of the inhabitants of the city require the regulation and control of all persons and establishments engaged in the business of alcoholic liquor sales. All such persons and establishments as defined in this chapter shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city and to safeguard the public.
C. The right to obtain such license is a privilege and the operation of such alcoholic liquor sales facilities, when authorized by such license, is a privileged business subject to regulations. The license may be revoked for violation of the conditions of this chapter, the laws of the state of Nevada, other ordinances of the city, or for any other cause deemed sufficient by the council in the exercise of its sole discretion.
D. In conformity with the policy of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter:
1. A person who does not possess or who does not have a reputation for possessing a good moral character;
2. A person who is under the age of twenty one (21) years;
3. A person who has been convicted of a crime of moral turpitude;
4. A person who the city council, after investigation, determines is not a suitable person to receive or hold a license, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city;
5. A person who illegally resides in the United States;
6. A person whose license, issued under the provisions of this chapter or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of liquor sales, has been revoked for cause;
7. A person who, at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application;
8. A partnership, limited partnership, association or limited liability company, unless all of the managers and members of such partnership, limited partnership, association or limited liability company are qualified and have obtained a license;
9. A corporation, if an officer or director thereof would not be eligible to receive a license for any reason other than citizenship and/or residency;
10. A corporation or limited liability company, unless it is incorporated or organized in the state of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada;
11. A person whose place of business is controlled by a manager or agent unless such manager or agent possesses the same qualifications required of an individual licensee;
12. A person who does not beneficially own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be used;
13. A person who is not a beneficial owner of the business to be operated by the licensee.
E. In conformity with the policy of this chapter, the council may deny a license upon its discretion when:
1. In the judgment of the council, the granting of such license may tend to create or constitute a public nuisance;
2. By granting of such license, a disorderly house or place may be maintained;
3. The granting of such license may seriously and adversely affect the valuation of neighboring, adjoining, and/or contiguous property;
4. The council, after investigation, is satisfied that the applicant is not a fit and proper person to operate the business contemplated by his application;
5. In the judgment of the council there are ample and sufficient licensees and establishments in the area or place for which the license is to be used to properly serve such area or place; or
6. For any other good and sufficient reason.
F. Any business in existence on the effective date hereof which does not conform to the provisions of this chapter shall be deemed a nonconforming use and shall be subject to title 9 of this code. (Ord. 402, 7-8-2008, eff. 7-31-2008)