A. A billiard hall may obtain an on-sale beer, wine or spirit based products license only and may not have more than five (5) slot machines or gaming devices.
B. All brewpubs are subject to the following conditions:
1. A freestanding brewpub, or an independently owned brewpub located within a non-restricted or limited gaming location shall be licensed as a tavern.
2. The operation of a brewpub located in and owned or operated by a non-restricted or restricted gaming licensee shall be covered under the licensee's non- restricted/restricted gaming liquor license.
C. A catering liquor license is required by any business or nonprofit organization engaged in the catering of liquor.
1. All annual liquor catering licensees must submit a liquor catering event permit at least two (2) business days prior to catering an event within the City of Mesquite.
2. A business or nonprofit may choose to hold a daily liquor catering license as part of a special event permit provided the event is approved by the City Manager through the special event permit process. In such cases, there will be a one hundred fifty dollar ($150.00) fee added to the special event permit. The business interested in providing any type of alcohol for the event must hold a valid liquor license and must be approved by the City Manager to cater the event.
D. A nonprofit club liquor licensee must be a duly chartered nonprofit organization and is subject to the following:
1. Only club members, auxiliary members and their bona fide guests are permitted service in such club; provided, however, that the club may service its own functions and functions of others or organizations wherein a minimum of twenty five (25) persons are attending such function.
2. Applicants for this class of license must present written proof of the organization's nonprofit status at the time of submission of the application.
3. To maintain this license, the organization must maintain nonprofit status for the duration of use. Proof of such status must be shown to the Administrator or his designee upon request.
E. Off-sale licenses are subject to the following conditions:
1. Off-sale licenses must meet the distance restrictions of section 9-8-8 of this Code.
2. The sale or purchase of liquor and/or beer, wine and spirit based products through drive-up or drive-through window is prohibited.
3. The sale of liquor other than beer, wine, and spirit based products, in a convenience store, gasoline sales establishment, or other similar business, is prohibited, except as approved by the Governing Body through a conditional use process in conformance with applicable zoning.
4. All locations which have been granted a valid off-sale liquor license prior to the passage of this section are exempt from the provisions of this subsection until such time as there is any change in ownership or location of such business.
5. The off-sale of beer, wine, and spirit based products is permitted at a restaurant with bar or resort hotel with no additional origination fee or license fee if the sale is done as part of and at the time of a demonstration meal event.
F. On-sale liquor license shall be issued to the following business types:
1. Dance halls. The license must be issued to the business owner and the business owner is responsible for actions occurring in the facility regarding any and all liquor and/or beer, wine, etc.
2. Banquet facilities or convention centers.
3. A sports arena.
4. Other business to be considered upon application. License Clerk will assess the application and issue an appropriate license category. The applicant may appeal to City Council within thirty (30) days.
G. Restaurants with service bar are subject to the following conditions:
1. All alcoholic liquor must be served with meals at tables or booths in the dining room area from a service bar only. A lounge or bar area where alcoholic liquors are sold, served or given away to patrons or the general public by the drink is prohibited.
2. It is the intent of this section that gaming or the service of alcoholic liquor is merely an adjunct to the meals offered and that the restaurant must not be advertised or otherwise held out to be a drinking, gambling or any other type of establishment.
3. The restaurant must have a seating capacity of more than fifty (50) persons at one time.
4. All existing restaurants that serve liquor and/or beer, wine and spirit based products and do not have a bar/lounge area, shall be considered a restaurant as defined in section 2-4-2 of this chapter. Any change in operation which would create a bar/lounge area shall be subject to the requirements of subsection H of this section.
H. Restaurants with bar are subject to the following conditions:
1. Meals are to be served during all hours that the bar/lounge is open for business and a cook and food server other than the bartender must be on duty at all such times.
2. The restaurant with a bar shall conform to the requirements of title 9 of this Code as it relates to zoning and land use regulations for restaurants with bar.
3. It is the intent of this subsection that gaming or the service of alcoholic liquors is merely an adjunct to the meals offered and that the restaurant must not be advertised or otherwise held out to be a drinking, gambling, or any other type of establishment.
4. The restaurant must have a seating capacity of more than fifty (50) persons at one time.
5. Existing restaurants with bar which do not comply with the provisions of title 9 of this Code as it relates to regulations for restaurants with bar shall be deemed nonconforming and shall be subject to license renewal as long as the licensee remains suitable. Such nonconforming licenses may not be expanded or enlarged unless the expansion or enlargement is in conformance with the provisions and requirements of title 9 of this Code.
I. The license for the sale of alcoholic liquor must not be granted to an establishment whose business or primary business or interest is that of a motel, or whose building or proposed construction is primarily intended for a motel business.
J. All restricted gaming liquor licenses are subject to the following:
1. A restricted gaming liquor license is only available to an establishment holding a restricted gaming license as defined in Nevada Revised Statutes 463.0189, or as may be amended or renumbered.
2. Such license only authorizes the sale of alcohol for on premises consumption.
K. All taverns are subject to the following conditions:
1. Taverns must meet the distance restrictions of section 9-8-8 of this Code.
2. Taverns may have a Class A slot machine license, nongambling games (e.g., pool, darts, etc.), and/or a dance hall, but shall have no other business.
3. A tavern may sell or give away cigars, cigarettes, tobacco, nuts, jerky, popcorn, potato chips, short order menus and pretzels.
4. A restaurant or lunch counter may be operated in the same building as a tavern.
L. Wholesale/import liquor licenses are subject to the following:
1. The business may not be located in a residential neighborhood.
2. The business must maintain a warehouse and office space sufficient to store at one time either:
a. A stock of alcohol equal to ten percent (10%) or more of its annual gross volume of alcohol sales to retailers within this State, or
b. A stock of beer, wine or spirit based products equal to ten percent (10%) or more of its annual gross volume of beer, wine, or spirit based products sales to retailers within this State, or
c. A stock of alcohol whose cost of acquisition is fifty thousand dollars ($50,000.00) or more, or
d. A stock of beer, wine, and spirit based products whose acquisition is ten thousand dollars ($10,000.00) or more.
M. Beer, wine, spirit based products, liqueur tasting licenses are subject to the following:
1. The license allows the free distribution of samples of beer, wine, spirit based products, or liqueur not to exceed one ounce per sample.
2. May take place within the following businesses:
a. A liquor store operating in conjunction with a full off- sale liquor license may distribute free samples of wine, beer, cordial and liqueur. All such wine, beer, spirit based products and liqueur tasting must be done under the supervision of an employee of the liquor store who holds a valid work card and has successfully completed an approved liquor server awareness training program.
(1) Bottles of wine, beer, cordial and liqueur opened for tasting shall not be sold, distributed, or otherwise given away; and
b. A grocery store licensed for full off-sale liquor and/or full beer, wine and spirit based products off-sale may distribute free samples of alcoholic liquor to persons twenty one (21) years of age and older provided that:
(1) The grocery store licensee submits a written request to the Department of Business License for a grocery store alcohol sampling license that contains the following information:
(A) Name of the business;
(B) Name of the licensee;
(C) Name of all key employees at the business;
(D) Frequency.
3. The designated key employee must be on the store premises at all times that the samples are distributed.
4. It shall be unlawful for any person to distribute samples of alcoholic liquor without first obtaining alcohol awareness training.
5. Licensees will renew the license semiannually, January 31 and July 31 with the full off-sale liquor license or beer, wine and spirits off-sale liquor license.
N. Internet/Telephone Liquor Sales are subject to the following:
1. May take place at grocery stores with Full Off-Sale Liquor licenses, and
2. Any and all orders of alcoholic beverages must be placed by an individual of legal age, and
3. The order must be placed in conjunction with an order of groceries.
4. An order may be delivered to the purchaser’s residence, subject to the following:
a. Provided that the person delivering the alcohol is of legal age to purchase/possess alcohol, and
b. The delivering party verifies the identity and age of purchaser.
c. Additionally, each delivery transaction shall have written documentation of the sale and include:
(1) The business name and address;
(2) A detailed list of all items purchase;
(3) Name and address of purchaser,
d. The licensee will develop and maintain a policy for delivery that ensures all requirements are met pursuant to this title and Nevada Revised Statutes.
5. There will be no additional fee required as it will be conjoined with the Full Off-sale Liquor license upon request. (Ord. 539, 6-26-2018, eff. 7-18-2018; amd. Ord. 21-005, 6-8-2021, eff. 6-29-2021)