A. Processing Fee: After the issuance of a license pursuant to this chapter, each licensee shall pay, in addition to all other fees, a semiannual license renewal processing fee of fifty dollars ($50.00).
B. Application Contents And Requirements For Applicant: A liquor license is a privilege and shall not be issued for the operation of any liquor establishment unless the applicant for such license carries the burden of proving his suitability to receive and maintain said license.
1. Other Interests And Personnel: All applicants for an original or renewal license for a liquor establishment shall make application therefor by petition to the city council and by filing same with the city manager, stating in writing the name and address of the general manager or managers of the business and those persons who are directly authorized by the owner to exercise supervision and control and to establish policies for the operation of said business. Where there is more than one owner of such an establishment, the names of all such persons owning an interest in such business shall be listed on the application, together with a statement as to the percentage of such business owned by each individual. If from the preceding quarter there has been no change in ownership, it will suffice for the applicant for a renewal license to state on the application "no change".
2. Corporations:
a. Application: In all cases where the applicant for an alcoholic liquor license is a corporation, the names and addresses of the officers or directors of the corporation shall be listed on the application. In all such cases, the city manager shall determine who of the principal officers and directors of such corporation shall present themselves at the city police agency for fingerprinting. It shall also be necessary, in instances where a corporation is an applicant for an alcoholic liquor license (of any of the several types enumerated herein), to state in the application for such license the names and addresses of any or all persons, corporations or their nominees who own two percent (2%) or more interest of the stock of such corporation. In addition to the foregoing information, such application shall contain such further information as the city council, by rule or regulation not inconsistent with law, may prescribe.
b. Changes In Corporate Officers, Directors And Stockholders: In the case of a corporate licensee, any and all changes in the officers, directors or stockholders owning in the aggregate more than two percent (2%) of the stock of such corporation shall be reported to the city manager within thirty (30) days of the appointment or election of such officers and directors, or acquisition by such stockholders, as the case may be, and such officers, directors and stockholders shall be required to qualify for a license as required herein.
3. Personal Data: The following personal data shall accompany the application: If the applicant is an individual, his name and place of residence, whether or not he is a citizen of the United States, whether or not he is a bona fide resident of Clark County and a registered voter of the state of Nevada, whether or not he has within five (5) years, been convicted of a felony or for any other crime which would be considered a felony under the laws of the state of Nevada, or gross misdemeanor or misdemeanor involving moral turpitude.
4. Background Investigations For Liquor Registration Card Applicants And Liquor License Applicants:
a. Fingerprint Based Background Checks For Liquor Registration Card Applicants:
(1) All owners, managers and stockholders actively engaging in the management of a liquor establishment, including all persons who are directly authorized by the owners to exercise supervision and control of, and to establish policies for, the operation of said business, and all employees thereof must present themselves for fingerprinting in the office of the city police agency and secure a registration card from the city police agency prior to operating the establishment, and the registration must be carried upon the person at all times, must remain current, and is nontransferable. Each individual subject to this provision shall provide a full set of fingerprints and a nonrefundable fingerprinting fee of forty five dollars ($45.00). Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency, which shall render fitness determinations. No person shall be employed by any applicant without first complying with the provisions of this subsection. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.
(2) The registration card may be suspended without notice but shall not be revocable by the city without cause, and then only after notice and hearing.
b. Fingerprint Based Background Checks; Interrogation By City Council:
(1) Fingerprint Based Background Checks: No license shall be issued for the operation of any liquor establishment unless the applicant presents himself to the city police agency for fingerprinting. Each applicant shall provide a full set of fingerprints. Fingerprint data will be used to conduct a state and national criminal records check. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city of Mesquite, which shall render a fitness determination regarding the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.
(2) Interrogation By City Council: Any and all persons required to be fingerprinted under the terms of this chapter shall be required to answer any and all questions deemed appropriate and necessary by the city council pertaining to such application, or the fitness of any persons connected as owners, part owners, officers, managers or administrative assistants of any establishments applying for a liquor license.
5. Confidentiality:
a. Fingerprint Related Information: All fingerprinting required to be taken under the terms of this chapter and all other information obtained by reason of the fingerprints shall be maintained by the city police agency in a confidential file to be open for inspection only by the city council and law enforcement officers; provided, however, the applicant may waive the requirements of this subsection and by such waiver permit interrogation of the applicant, at any meeting of the city council, concerning any matters contained in the application or information obtained in the course of an investigation.
b. Nonfingerprint Related Information: All information other than criminal history information, of a confidential nature supplied under the terms of this chapter shall be maintained by the city manager, in a confidential file, to be open for the inspection only by city officials and law enforcement officers; provided, however, the applicant may waive the requirements of this subsection and by such waiver permit interrogation of the applicant, at any meeting of the city council, concerning any matters contained in the application or information obtained in the course of an investigation.
C. Application By Petition; Investigation:
1. Every person wishing to engage in the business of operating a liquor establishment permitted by law shall make application by petition to the city council for a license of the kind desired and shall file the application, together with the required license fee, with the city manager, who shall present the application to the city council at its next regular meeting. The council shall refer the petition to the city manager for investigation of the suitability of the applicant. If the council determines, upon a three-fourths (3/4) vote of the members present, that an investigation of the suitability of the applicant is unnecessary, it may approve or deny the application upon a three-fourths (3/4) vote of the members present, for approval or denial. The city council may waive all or part of the investigation if the applicant is a gaming licensee in good standing with the Nevada gaming commission or if the licensee holds a liquor license in good standing in Clark County or another incorporated city in Clark County. If the city council determines that an investigation of the suitability of the applicant is warranted, the applicant shall pay to the city manager any additional required investigation fees, and the city police agency shall forthwith conduct an investigation of suitability. The investigation shall be completed in the shortest possible time.
2. Upon completion of the investigation, the city manager shall immediately refer the application to the city council at its next regular meeting, together with the findings and all facts upon which the findings are based. The findings and all facts upon which it is based are privileged and confidential to the city council only.
3. All investigated applications shall be read at the next meeting of the city council after the completion of the investigation. The application may be acted upon by the city council at any regular or recessed regular meeting thereof or at any special meeting thereof duly called and noticed as hereinafter provided.
D. Investigation Of Gaming Applicants For Liquor License: Applicants and the principals of applicants for a liquor license at the same premises, which are also concurrently applying for a city gaming license, shall only be required to the extent determined by the city council pursuant to requirements of city gaming regulations 1 .
E. Temporary License On Transfer Of Ownership: After an application is made for a liquor license, if such is made in contemplation of the sale of an existing licensed liquor establishment, the city manager may, if he preliminarily finds that such application or applicants are of good moral character, issue a temporary license for a period of not to exceed ninety (90) days. The application for temporary license upon transfer of ownership will only be considered complete after receipt by the city of all required liquor license and personal suitability application forms, all processing and investigative fees paid, all required documentation evidencing the ownership and management of the applicant entity, and all required documentation evidencing real and/or personal property ownership rights to the proposed liquor establishment premises.
F. Investigation Fees:
1. Fees Enumerated:
a. Alcoholic Liquor License: Except for applicants for a nonprofit club liquor license, an individual, corporation, partnership or association filing an application for an alcoholic liquor license of any of the several types enumerated herein, other than a club license, shall deposit with the city manager an investigation fee in the amount of two hundred fifty dollars ($250.00) per person to be investigated for the first three (3) persons to be investigated and one hundred dollars ($100.00) for each additional person to be investigated.
b. Nonprofit Club Liquor License: If the application is for a nonprofit club liquor license, the investigation fee shall not be less than one hundred dollars ($100.00).
c. Actual Cost: In addition to the fees required to accompany the application, the applicant shall be required to pay the city the actual cost incurred by the city or its designated agent to complete the necessary investigations. The city council may require payment of the supplementary investigative fee in advance as a condition precedent to beginning investigation.
2. Refund Or Waiving Of Fees:
a. The city council will not take final action with respect to any application until all investigative fees have been paid in full. In the event the city council has obtained an additional investigative fee, which is in excess of the amount expended for investigation, the amount shall be refunded to the applicant upon request.
b. The city council may, in its discretion, waive payment of an investigative fee when all parties to an application have been licensed, or approved as stockholders of a corporate licensee within the past year.
c. In the event the applicant is denied a license after investigation, charges deposited or paid shall be forfeited and all outstanding costs incurred by the city for investigation shall be paid.
d. If the applicant withdraws application prior to the beginning of investigation, posted deposits shall be returned to applicant.
e. In the event any person is an applicant or member of a group of applicants, and such person has been previously investigated by the city council and has held a license within a preceding period of one year, an investigation fee may not be required.
3. Transfer Or Hire Of Key Employees Or Management Personnel: Upon initial hire by or transfer of any key employee or management personnel from one licensed gaming establishment to another, or upon the hiring of any new key employee or management personnel, a letter from the licensee's establishment to which the transfer or hire is supposed to be made setting forth the name, work classification and the previous approval of said transferred personnel, if any, will be sufficient application to present to the city council, and the transfer fee of fifty dollars ($50.00) shall be charged for the same. A list of all newly hired or transferred key employees or management personnel will be reported to the city by the licensee in the next occurring quarterly payment of license fees to the city and at the time of renewal of the liquor license of the hotel resort and casino.
G. Resubmission Of Disapproved Location: If the city council is not in favor of licensing the particular location or applicant as proposed by the applicant, request for approval of the same location or applicant cannot be resubmitted for six (6) months. (Ord. 405, 7-22-2008, eff. 8-15-2008)
Notes
| 1 | 1. See chapter 3 of this title. |