A. Fingerprint Based Background Checks: All applicants applying for a permit pursuant to this chapter and all individuals listed in the application pursuant to subsection 2-7-8-2D1 of this chapter shall provide the city of Mesquite with a full set of fingerprints. Fingerprinting shall be completed at the Mesquite police department. 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 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.
B. Fees: All applicants shall provide a nonrefundable investigation and fingerprinting fee of one hundred forty five dollars ($145.00). All nonapplicants required to be fingerprinted pursuant to this section shall provide a nonrefundable forty five dollar ($45.00) fingerprinting fee.
C. Investigation: Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee, shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the police department and any other city agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within thirty (30) days from the date the results of the fingerprint based background check are received. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The police department shall only be required to certify that the fingerprint based background check was completed and to disseminate the results of the state and national criminal background checks to the city of Mesquite. The police department shall not be required to approve or disapprove applications.
D. Approval Or Disapproval Of Application: A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee. (Ord. 405, 7-22-2008, eff. 8-15-2008)