Loading...
In the event a licensee shall conduct his or her business at a location other than the place for which the license was issued or shall fail to conduct said business at the place for which the license shall have been issued, the business license official shall revoke such license forthwith and no new license shall be issued to such licensee without approval first having been obtained. (Ord. 477, 12-10-2013, eff. 12-31-2013)
A. Definitions:
BUSINESS: Any business or industrial activity either for profit or not for profit.
CONDITIONAL BUSINESS LICENSE: A conditional business license shall, for all purposes, act as a business license, except that it shall only last until either the non-conforming business activity ceases for a period of three (3) or more consecutive days once such activity has commenced, or a change is made to the ownership of the business entity that originally petitioned and received the conditional business license.
B. Procedure: A party whose proposed business is either not covered by this title, or the existence of which would violate a provision of this title may petition the City Council for a conditional business license in the following manner:
1. Receive notification from the Director of Development Services, or his or her official designee, that the proposed business does not fall within this title, or alternatively, would violate a provision of this title if permitted;
2. Notify the Director of Development Services, or his or her official designee, that the party wishes to seek a conditional business license;
3. The Director of Development Services shall place the party on the next available City Council agenda unless the party requests a later date;
4. The party shall petition the City Council at a City Council meeting for a conditional business license;
5. A conditional business license shall be effective five (5) days after the vote, pending any veto. If a veto is overridden, the conditional business license shall be effective immediately.
C. Standard For Granting A Conditional Business License: The City Council may, by simple majority vote, grant a conditional business license to any business within its absolute discretion where it would not pose harm to the health, safety, welfare or morals of the community.
D. Remediation: Upon granting a conditional business license, the Director of Development Services or the Director's designee may, within ninety (90) days, present a proposed amendment to this Code, which would incorporate the business type or provide reasonable amendments so as to avoid the need for similar conditional business license. The City Council may approve or deny such a recommendation.
E. Relinquishment Of Conditional Business License: The recipient of a conditional business license may relinquish the license once the City Council approves an ordinance or amendment pursuant to subsection D of this section and the recipient chooses to be regulated by the newly passed Municipal Code regulation instead of the pre-existing conditional business license. A conditional business license remains valid while a recipient applies for a business license under the provisions of this section.
F. Fast Track Revocation Of Conditional Business License: The City Council may, at their sole discretion, and by being petitioned by an interested party, both revoke a conditional business license and approve a business license under an approved City Code once an applicable Code or Code amendment has been approved. Such revocation and approval may occur by way of resolution directing the City Manager and Director of Development Services to make any required clerical adjustments, or by any other appropriate means.
G. Fees: Any licensing fees shall be negotiated between the City Council and the applicant on a case by case basis. The ultimate authority on setting conditional business license fees shall rest with the City Council. (Ord. 516, 4-25-2017, eff. 5-17-2017)
A. All businesses regulated under the semiannual gross sales type license shall pay a fee of one hundred dollars ($100.00) to commence business in the City of Mesquite. In six (6) months, when the semiannual gross fee is once again due, the business shall pay the fee set forth in section 2-1-12, "Gross Sales; Schedule Of Fees", of this chapter for its level of gross revenues.
1. For businesses that have an income cap enforced by Nevada Revised Statutes, the cap will be used to determine the fee to commence business as per the Gross Fee Schedule set forth in 2-1-12.
B. The business license official and any other officer designated by the business license official shall have the power and authority to enter any store, building or other place in which such business is being conducted at any time during the business hours and have access to the books of such business for the purpose of ascertaining the amount of sales made. The information received from the licensee under the provisions of this section shall be confidential and available only to those officials concerned in such matters.
C. Where the amount of sales or gross receipts made during the preceding period shall be in excess of the estimate for such period, the licensee shall be indebted to the City for any deficiency in fee paid for such period and liable therefor to the City in a civil action. No license hereunder shall be issued to such licensee for any subsequent period unless and until such deficiency is paid, and when so paid, shall constitute an additional fee for any license issued hereunder for such subsequent period and be deemed in full payment of such deficiency. In estimating gross business for a subsequent renewal of a business license, the immediately preceding six (6) months' business shall be used as a basis for such estimate.
D. It is unlawful for a licensee to fail to keep adequate records of gross sales. "Adequate records" means original copies of all sales invoices and credit slips for a period of three (3) years prior to the date of audit, together with a monthly sales summary in a cash receipt journal or similar record for the same period of time.
Any allowable deductions from gross sales must be reflected in a monthly summary and must be substantiated by original documentation.
Failure of a licensee to maintain adequate sales records will result in a disallowance of exemptions and is grounds for suspension or revocation of licensee's business license.
(Ord. 477, 12-10-2013, eff. 12-31-2013)
Any person who, at a fixed place of business in the City, provides any sales oriented services designated within this section, or sells goods, wares or merchandise, whether on commission or otherwise, or operates any of the following businesses must obtain a license from the business license official for each branch of his or her business:
Advertising samples.
Airlines, airline ticket locations.
Alarm systems.
Amusement parks.
Animal dealer. A person who, for compensation or profit, buys, sells, breeds, grades or imports animals for resale.
Animal retailer. A person who acquires pets for resale.
Antiques.
Appliance sales.
Arts/handicraft supplies.
Automobile and airplane parts.
Automobile (new and used) leasing for a term of more than three (3) months, operators of used car lots containing only cars capable of being moved under their own power; provided, that the person operating an automobile sales agency (new car dealer) may, under his or her license for such agency, conduct a used car department solely in connection with such automobile sales agency (new car dealer) for the sale of used cars taken in trade by him or her for new cars and the fee schedule enumerated in this section shall apply to the combined gross semiannual sales of such new and used cars. Transient automobile sales are limited to one sale per year, per business and said sale shall not exceed two (2) consecutive days.
Automobile painting.
Automobile sales agency (new and used car dealer). (Ord. 503, 10-25-2016)
Automobile services, garage, automobile repair, mobile or fixed carwash, structural or mobile towing. (Ord. 541, 8-28-2018, eff. 9-18-2018)
Bakery.
Bicycle repair shop.
Boat sales and service.
Book/video sales or rental.
Brick, concrete, blacksmith shop.
Building supply.
Business machines.
Cabinet shop.
Cement and concrete products.
Cinder or adobe block manufacturing.
Clothing stores.
Cold storage plant.
Commercial artist.
Computer software.
Cosmetics.
Dairy.
Dealers in motor fuel, gas, oil not used on highway.
Dental laboratory.
Drapery and upholstery.
Drugstore, drugs or medicines.
Dry cleaner.
Electrical supplies.
Equipment sales and rental.
Exterminators.
Eyewear products.
Fabric shop.
Film production.
Five and ten stores.
Florist.
Furniture sales, repair and refinish.
General repair shop.
Gift novelties.
Glass and mirror sales.
Golf course.
Gravel products.
Grocery/food products.
Hardware.
Hearing aids.
Hospital.
Ice cream.
Ice plant.
Janitorial supplies.
Jewelry.
Jewelry repair shop.
Laboratories.
Laundry and laundromat.
Leather goods.
Linen supply.
Locksmith sales.
Lumber.
Machine shops.
Mail order.
Marble/granite sales.
Medical supplies.
Merchandise/department stores.
Miscellaneous sales.
Mobile food vendors.
Motor repair shops.
Music instrument sales.
Music lessons.
Newspapers/newsstands.
Nurseries/landscaping, nursery where plants, flowers, ferns, trees or other plants are cultivated, grown or propagated for the purpose of sale.
Paint shop or sales.
Paper supplies.
Patent medicine agency.
Pet shop.
Photo shop; photo equipment repair.
Piano sales and repair.
Plumbing/heating supplies.
Printer/print shop.
Radio/television/rental/repair/sales.
Receptive operators.
Record shops.
Refrigerator sales and service.
Restaurants.
Retail sales, general.
Saw shops.
Sewing machine sales/service.
Shoe sales, shoe making/repair.
Sign painting.
Skating rinks.
Soft drinks.
Sporting goods.
Swimming pools.
Tailoring/dressmaking.
Trailer sales/repair/rebuild.
Variety stores.
Wares or precious metals.
Water softeners.
Welding and ironworks.
Wholesale oil.
The above mentioned licensees must pay semiannually therefor an amount of money to be determined by the amount of gross semiannual sales or revenue and made at the rates as follows:
Semiannual Gross | Semiannual Fees |
Semiannual Gross | Semiannual Fees |
$0.00 - $12,000.00 | $25.00 |
$12,001.00 - $18,000.00 | 30.00 |
$18,001.00 - $24,000.00 | 42.00 |
$24,001.00 - $30,000.00 | 54.00 |
$30,001.00 - $45,000.00 | 66.00 |
$45,001.00 - $90,000.00 | 78.00 |
$90,001.00 - $135,000.00 | 90.00 |
$135,001.00 - $180,000.00 | 100.00 |
$180,001.00 - $240,000.00 | 120.00 |
$240,001.00 - $300,000.00 | 167.00 |
$300,001.00 - $360,000.00 | 200.00 |
$360,001.00 - $420,000.00 | 230.00 |
$420,001.00 - $480,000.00 | 270.00 |
$480,001.00 - $540,000.00 | 300.00 |
$540,001.00 - $600,000.00 | 350.00 |
$600,001.00 - $660,000.00 | 370.00 |
$660,001.00 - $720,000.00 | 400.00 |
$720,001.00 - $780,000.00 | 440.00 |
$780,001.00 - $840,000.00 | 470.00 |
$840,001.00 - $900,000.00 | 500.00 |
$900,001.00 - $960,000.00 | 540.00 |
$960,001.00 - $1,020,000.00 | 570.00 |
$1,020,001.00 - $1,080,000.00 | 600.00 |
$1,080,001.00 - $1,140,000.00 | 640.00 |
$1,140,001.00 - $1,200,000.00 | 670.00 |
$1,200,001.00 and over | 0.0005555% |
A. Gross Revenues: "Gross revenues", as used in connection with the determination of license fees, means:
1. The total amount of the sale price of all goods sold, originating in the City and regardless of destination.
2. The total amount charged or received for the performance of any act, service, or employment, of whatever nature it may be, whether or not such service, act, or employment is performed as part of or in connection with the sale of goods, wares, or merchandise, for which a charge is made or credit allowed, including all receipts, cash, credits, bartered products or services of any kind.
3. The total amount charged or received for manufactured goods originating in the City and regardless of destination; includes the cost of goods sold, plus the value added during manufacturing as it would reflect in the price or fair market value of the finished goods.
All such totals are to be calculated without any deduction for the cost of the property sold, cost of materials used, labor or service costs, interest paid or payable, or any other expense whatsoever.
B. Not Included In Gross Revenues: "Gross revenues", as used in connection with the determination of license fees shall not include:
1. Properly documented cash discounts allowed or taken on sales or services; all taxes; all allowances for bad debts; and all revenues derived from business operations covered by another City business license or licenses.
C. Multiple Businesses: Any person operating, conducting and carrying on several different classes or types of businesses at a fixed place of business in the City shall pay a fee for each type of business. (Ord. 503, 10-25-2016)
The rates of license fees for businesses, trades, occupations and employment hereinafter named in this section are hereby fixed and the same shall be paid to the business license official by any person engaged in or carrying on the same in the City. Unless otherwise so stated, the following fees shall be paid annually:
Abstract or title company, $550.00.
Accountant, certified public, $200.00; independent public accountant, $150.00.
A. For the purpose of this section, an "independent public accountant" means a person who does bookkeeping or accounting work for 2 or more persons or who prepares or assists in preparing Income Tax returns for 2 or more persons.
Adult care facilities, nonmedical services, $150.00; medical services, $300.00.
A. All requirements for State licensing must be met before the City will license a business for the care of adults.
Advertising business or advertising counsel, $150.00.
Advertising space, leasing, selling, or maintaining, billboard and/or electrical signs, $500.00. Any form of business leasing, selling or maintaining outdoor advertising space whether on billboard or electrical signs.
Aesthetician, see Cosmetological establishment.
Ambulance services, each vehicle, $300.00.
Amusements:
A. Entertainer, $150.00, a person or business that provides entertainment services.
B. Bowling alley: Every person who operates a bowling alley within the City shall pay the sum of $100.00 for the first alley in such establishment, and $35.00 for each additional alley.
C. Coin operated amusement machines: Any establishment maintaining and conducting therein coin operated amusement machines or any type of mechanical game or device, not intended or played for gambling purposes, but for use by the patrons of such establishment for amusement only, shall pay $50.00 for each machine, mechanical game or device. Any person owning a coin operated amusement machine and seeking to place said coin operated amusement machine in any place of business within the City shall be responsible to secure from the business license official a gummed license for each such machine. It shall be the responsibility of such licensee to install such gummed license on each machine before placing it in an establishment for use by the public. The gummed license shall be issued to the person owning and operating said machine or machines and shall permit the machine to be placed in any place of business not so prohibited by ordinance or regulation within the City during the permitted period. It shall be the responsibility of the owner of the machine or machines to secure from the business license official new licenses for each machine placed on location. This category includes but is not limited to billiard tables, jukeboxes, or other mechanical games or devices.
D. Merry-go-round, $100.00 for each day.
E. Tennis, racquetball or handball courts: For each business which imposes a fee for the use of playing courts by the general public, the fee shall be $50.00 for the first court, plus $20.00 for each individual court.
Animal operator, $100.00, any person or business, unless specifically listed in section 2-1-12
of this chapter or this section, who engages in providing services for animals such as grooming, walking, training or pet sitting or operates a profit or nonprofit animal shelter, a cattery, kennel or commercial establishment engaged in the business of selling animals.
Apartment houses, transient and permanent:
A. To be licensed as an "apartment house, transient", the apartment complex shall comply with the definition of "apartment house" in the Building Code and be electrically wired with metallic sheathed cable.
B. Any apartment house electrically wired with nonmetallic sheathed cable shall be licensed as an "apartment house, permanent" and shall not rent apartments for terms of less than 1 month. Every person engaged in the business of keeping or conducting an apartment in the City shall pay for and obtain a license to carry on such business as per schedule as follows:
Apartments |
Apartments | |
Less than 5 | No license |
5 to 8 | $100.00 |
9 to 18 | 160.00 |
19 to 38 | 250.00 |
39 to 78 | 500.00 |
79 to 158 | 1,000.00 |
159 to 318 | 1,500.00 |
Above 318 | $1,500.00 plus $15.00 for each additional apartment |
Arborist, $150.00. Prior to receiving an arborist license, applicants shall furnish proof to the City that the applicant maintains liability insurance of at least $1,000,000.00.
Architect, $200.00.
Armored cars, for each car, $100.00 yearly.
Astrologer:
A. $350.00 annually for every person who carries on the practice, teaching or professes to practice the business of astrology and demands or receives a fee for the exercise of said business, directly or indirectly or incidental to the conduct of any other business, either as a gift, donation or otherwise, or gives an exhibition thereof at any place where an admission fee is charged.
B. Application for a license to practice astrology shall be made to the business license official accompanied by a nonrefundable investigation and fingerprinting fee of $145.00 to conduct a thorough investigation of the applicant's qualifications. No person shall be issued a license to practice astrology unless such person meets all the qualifications provided for below:
1. In addition to completing a regular application, each applicant for an astrologer license shall present themselves to the Police Department for fingerprinting and furnish the Police or Business License Agency any other information necessary to conduct an investigation of such applicant's character and reputation. 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. Upon completion of the investigation, the Police Agency shall prepare and submit to the business license official a report containing findings and a recommendation of approval or disapproval of the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and Public Law 92-544.
2. The applicant shall be 21 years of age or older.
3. The applicant shall pass, as a minimum, a professional level examination prepared by the American Federation of Astrologers, Inc.
4. The applicant shall subscribe to a Code of Ethics based on one published by the American Federation Of Astrologers, 6 Library Court, SE, Washington, D.C. 20003.
C. After the completion of the investigation, the application shall be submitted to the business license official for review. Upon review of the application and findings of the applicant, the business license official shall either approve or deny the license.
1. Denial: Any license application made pursuant to the provisions of this title may be denied for good cause by the business license official. Good cause for denial of a license shall include, but not be limited to:
a. The license application is incomplete so as to not contain all information required by this title;
b. All license or investigation fees are not paid;
c. False or fraudulent statements in the application for the license;
d. Failure to obtain a license or permit as required by this title and compliance with requirements of all other departments or divisions prior to engaging in business;
e. The applicant, or any of its principals, does not qualify for a license;
f. False, fraudulent or misleading statements made to the business license official;
g. Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation;
h. The applicant or any of its principals has been convicted of an act that constitutes a crime which involves moral turpitude or involves any local, State or Federal law or regulation which relates to the same or a similar business, or has been convicted of having solicited, encouraged, caused or procured another to commit such a violation. For purposes of this subsection, a crime involving moral turpitude is one that necessarily involves any of the following: an intent to defraud; intentional dishonesty for personal gain; intentional causing of serious injury to another person; the sale of narcotics or possession of narcotics with intent to sell; or a sexual offense as described in Nevada Revised Statutes 179D.097;
i. The applicant has been convicted of any misdemeanor involving theft or fraud or any felony.
2. otice Of Denial: Upon determination of the licensing official to deny an applicant's completed application the City shall cause written notice to be sent to the applicant by the method indicated in the completed application. The notice shall specify the grounds for the denial, the documentation or information the City relied on to make the decision, the availability of the documentation for review by applicant upon 5 business days' notice to the City, and the date upon which the denial of the license shall take effect. It shall further state that the applicant shall have 10 business days from the receipt of the notice of denial to appeal the same to the City Council. The denial shall remain effective unless and until the order is rescinded by the City Council.
D. Any license issued to practice astrology may be suspended, revoked or other disciplinary action taken with the standards and requirements of this section.
Attorneys, see Law firm.
Auctions/auctioneer, $250.00, to be paid by the auctioneer.
A. Applications for auctioneer licenses shall state thereon the place of business intended to be occupied, if any, or the place of such auction; and shall give the names of any employees who are to be authorized to conduct auctions under the authority of the license.
B. A nonrefundable investigation and fingerprinting fee of $145.00 shall accompany the application. Each applicant for an auction/auctioneer license shall present themselves to the Police Department for fingerprinting and furnish the police or Business License Agency any other information necessary to conduct an investigation of such applicant's character and reputation. 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. Upon completion of the investigation, the Police Agency shall prepare and submit to the business license official a report containing findings and a recommendation of approval or disapproval of the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and Public Law 92-544.
C. After the completion of the investigation, the application shall be submitted to the business license official for review. Upon review of the application and findings of the applicant, the business license official shall either approve or deny the license.
1. Denial: Any license application made pursuant to the provisions of this title may be denied for good cause by the business license official. Good cause for denial of a license shall include, but not be limited to:
a. The license application is incomplete so as to not contain all information required by this title;
b. All license or investigation fees are not paid;
c. False or fraudulent statements in the application for the license;
d. Failure to obtain a license or permit as required by this title and compliance with requirements of all other departments or divisions prior to engaging in business;
e. The applicant, or any of its principals, does not qualify for a license;
f. False, fraudulent or misleading statements made to the business license official;
g. Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation;
h. The applicant or any of its principals has been convicted of an act that constitutes a crime which involves moral turpitude or involves any local, State or Federal law or regulation which relates to the same or a similar business, or has been convicted of having solicited, encouraged, caused or procured another to commit such a violation. For purposes of this subsection, a crime involving moral turpitude is one that necessarily involves any of the following: an intent to defraud; intentional dishonesty for personal gain; intentional causing of serious injury to another person; the sale of narcotics or possession of narcotics with intent to sell; or a sexual offense as described in Nevada Revised Statutes 179D.097;
i. The applicant has been convicted of any misdemeanor involving theft or fraud or any felony.
2. Notice Of Denial: Upon determination of the licensing official to deny an applicant's completed application the City shall cause written notice to be sent to the applicant by the method indicated in the completed application. The notice shall specify the grounds for the denial, the documentation or information the City relied on to make the decision, the availability of the documentation for review by applicant upon 5 business days' notice to the City, and the date upon which the denial of the license shall take effect. It shall further state that the applicant shall have 10 business days from the receipt of the notice of denial to appeal the same to the City Council. The denial shall remain effective unless and until the order is rescinded by the City Council.
D. The employer shall be liable for any violation of the City ordinances committed by his employees in conducting an auction.
E. Nothing in this section shall be held to apply to any public auction or sale made or conducted by a public officer by virtue of any judicial order or process, or by virtue of any power of authority contained in a mortgage or trust deed.
Automobile repossession agency, $150.00.
Automobile, transient sales (new or used), $250.00. Automobile transient sales are limited to 2 sales events per year, per business, and said sale shall not exceed 2 days.
Bail bond broker or bail bond brokerage business, after a State license has been acquired, $200.00.
Banks and bankers, except national banks, $600.00.
Barbershops, see Cosmetological establishment.
Beauticians, see Cosmetological establishment.
Body piercing/ear piercing, $150.00.
Bookstores and adult bookstores:
A. License Required: No person shall perform the services of, or conduct, manage or engage in the business of, selling books, magazines, periodicals, news publications, films, tapes or discs without first obtaining a license from the City Council. Licensed grocery stores, drugstores, convenience stores and gift shops with a newsstand selling periodicals, magazines and newspapers incidental to food and drug items are exempted from the provisions of this section, provided it does not sell or offer for sale books, magazines, periodicals, news publications, films, tapes or discs which are obscene or which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
B. Definitions:
ADULT BOOKSTORE: An establishment which will or does derive 51 percent or more of its gross sales of books, magazines, films, tapes, discs, and other periodicals from the sale of books, magazines, films, tapes and discs and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section thereof devoted exclusively to the sale or display of such material.
BOOKSTORE: An establishment having a substantial or significant portion of its stock in trade, books, magazines, films, tapes and discs and other periodicals for sale, or an establishment with a segment or section devoted exclusively to the sale or display of such material.
SPECIFIED ANATOMICAL AREA: 1. Less than completely and opaquely covered: a) human genitals, pubic region; b) buttock; c) female breast below a point immediately above the top of the areola.
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
C. Fee: All applicants for a license to operate an "adult bookstore", as identified herein, shall pay an initial license fee of $5,000.00. Bookstores and adult bookstores will pay license fees in accordance with the gross fee schedule in section 2-1-12 of this chapter. Additionally, adult bookstores shall also pay a $1,000.00 annual fee for renewing such a license.
D. Recordkeeping: For the purpose of ensuring the proper zoning of adult bookstores, all bookstores shall keep a record of the sales of all books, magazines, films, tapes, discs and other periodicals. The records so required shall categorize such sales as either adult or non-adult. Sales are classified as adult if the particular book, magazine, film, tape, disc or other periodical is distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and the record shall include the sales price of each such adult or non-adult item. The sales records shall be maintained for a period of 12 months from the date of sale for purposes of auditing by the business license official or designee.
E. License Suspension And Revocation: The City Council, upon notice and hearing, may suspend the license of a bookstore which fails to comply with or violates any provision of this chapter or the zoning ordinance until such time as the licensee may correct the items of noncompliance or violation. Unrecorded sales of a bookstore which holds itself out to the public through signs or advertising as an adult bookstore shall be presumed to have been of matter distinguished or characterized by their emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas, and if the unrecorded sales exceed more than 50 percent of gross sales of books, magazines, films, tapes or discs, the establishment shall be deemed an adult use within the meaning of the zoning ordinance for adult uses.
Broadcasting/television/radio/internet, $500.00.
A. This provision does not apply to entities that also provide public utilities as outlined in chapter 15, "Public Utilities", of this title. Entities that also provide public utilities as outlined in chapter 15 of this title will be required to pay the public utility fee only.
Business services, $150.00, any person or business, unless specifically listed in section 2-1-12 of this chapter or this section, who engages in providing one or more general business services that is performed internally to a business, including billing, mailing, printing, customer service evaluations, processing of claims or other paperwork, holding company or other support services such as telephone answering, bookkeeping or similar miscellaneous support services. This category does not include management companies.
Cemeteries, $200.00.
Check cashing service, for each business providing a check cashing service for either a fee or percentage, $300.00.
Childcare services: Nonmedical services, $150.00; medical services, $300.00.
A. Childcare facilities caring for over 5 children are subject to State regulations and State licensing. All requirements for State licensing must be met before the City will license a childcare facility.
B. A business that provides services to both children and adults shall not be required to pay more than 1 fee.
Chiropodist, $200.00.
Chiropractor, $200.00.
Civil engineers, $200.00.
Collection agency, or mercantile agency, $150.00.
Concert/rock promoter, $300.00.
Construction services, $150.00, any person or business, not covered by section 2-1-12 of this chapter or this section, who provides accessory construction services that do not require a contractor license but are outside the scope of a property maintenance license, i.e., inspection services.
Consulting service, $150.00. A "consultant" is defined as a person who provides professional or technical service for a fee.
Contractor, as licensed, defined and classified by Nevada Revised Statutes section 624.020 and by the Nevada State Contractor's Board current rules and regulations, $250.00 per year. No license shall be issued hereunder to any contractor who is required to hold a license issued by the State Contractor's Board, unless such contractor is the holder of a valid and existing State license. Pursuant to Nevada Revised Statutes 268.095, a person who is licensed as a contractor pursuant to Nevada Revised Statutes chapter 624 shall not be required to obtain more than 1 license to engage in the business of contracting or pay more than 1 license fee related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to Nevada Revised Statutes chapter 624.
A. The provisions of this section shall not apply to any person in the employ of the Federal, City, State or County governments, including any political subdivisions thereof, with wages as the sole compensation; provided, however, that the work performed by such person is confined solely to the premises owned by him or her respectively; nor to the owners of property, building or improving structures thereon for the occupancy of such owner and not intended for sale or lease; nor to the sale and installation of any finished products, materials or articles of merchandise, which are not actually fabricated into and do not become a permanent fixed part of the structure; nor to any construction, alteration, improvement or repair of personal property.
Convention hall, $100.00.
Cosmetic tattooing, See Tattoo.
Cosmetological establishment, which is any cosmetological establishment that is licensed or required to be licensed by the State pursuant to the provisions of Nevada Revised Statutes chapter 644 and that provides cosmetology services to the general public. The fee shall be $100.00 annually for the first professional plus $25.00 per each licensed cosmetologist working inside the facility, updated annually.
Credit bureau, $150.00. A business that provides information based on an individual's borrowing, bill paying habits and provides consumer credit information.
Credit union, $200.00.
Dance hall/teenager dance hall/dance studio, $100.00.
Delivery service, $200.00.
Dentist, $300.00 for the first professional within the establishment and $200.00 for each additional professional working within the establishment.
Designers or decorators, $150.00.
Detective, private, $150.00.
Door to door solicitors and peddlers 1 , $500.00 annually for each business engaged in door to door solicitation and/or peddling. Additionally, for each person engaging in door to door solicitation and/or peddling, $100.00 annually.
Drugless practitioner, $200.00; provided, however, that this shall not apply to persons who treat the sick through prayer or spiritual means.
Electrologists, see Cosmetological establishment.
Electronic maintenance, $100.00, including computer repair or similar services.
Employment agency, or intelligence office, $150.00, and the applicant shall first obtain a State license.
Escort service, $650.00.
Express or transfer and warehouse or storage business, or either, $100.00 for each vehicle and a fee based on the square footage or warehouse floor area as follows:
Square Feet | Fees |
Under 200,000 | $300.00 |
Between 200,000 and 500,000 | 400.00 |
Between 500,001 and 750,000 | 700.00 |
Between 750,001 and 1,000,000 | 900.00 |
Between 1,000,001 and 2,000,000 | 1,000.00 |
2,000,001 or more | 1,400.00 |
A. If any portion of the business involves the sale of goods, wares, or merchandise the business shall pay a gross revenue fee in addition to the set business license fee above.
Field testing, $150.00. A business involved in experimenting, researching, or trials conducted under actual use conditions, instead of under controlled conditions in a laboratory.
Finance company, $600.00. For the purpose of this section, a "finance company" means any person other than banks, who makes a business of loaning to others for profit and who holds himself out to the general public as such.
Funeral and undertaking establishment, $200.00.
Graphic design, $150.00.
Hairdressers, see Cosmetological establishment.
Handbills, upon the approval of the business license official, for each person distributing handbills, $50.00.
Health club, $150.00.
Horse riding facility, $100.00.
Hotels and motels 1 :
A. For each resort hotel, timeshare project, motel, lodging house, rooming house, auto court or tourist camp, the fee shall be $50.00 for 5 to 8 rooms, $10.00 per room for 9 to 300 rooms, where total rooms are more than 300 rooms, $2,970.00, plus $5.00 per room for each room in addition to the first over 300 rooms.
B. For the purpose of this chapter, a "resort hotel" is defined as an establishment renting rooms to temporary or transient guests or a timeshare program having a casino containing not less than 3 games. All other hotels shall be deemed to be commercial as distinguished from resort hotels. It shall be immaterial as to whether or not the rooms and the casino are separately operated and/or owned. If the rooms and casino are maintained upon the same premises, whether separately owned and operated or not, the combination of rooms and casino shall be deemed to be 1 establishment and the 1 percent rate shall apply.
C. For the purpose of this section, an "auto court" or "tourist court" is defined as a place, other than a regular hotel or apartment house, where sleeping accommodations in small buildings are rented to the general public, and whenever more than 3 cabins or small buildings situated in close proximity to each other are owned or operated by the same person and are rented to the general public, either by the day, month or year, and whether to transients or permanent residents of the City, the same shall be considered to be a tourist camp or auto court.
Independent massage therapist, $200.00.
Instruction or education, $100.00, any person or business who provides instruction or training to individuals or a group for a specific skill, i.e., personal training, defense training, etc.
Insurance agency, $200.00 for the first agent plus an additional $100.00 for each agent.
Insurance agent, $200.00.
Investment or commercial leasing, $150.00, any person or business that commits money or capital to an endeavor with the expectation of obtaining additional profit. This includes the leasing of office or building space for commercial use.
Law firm, $300.00 for the first attorney, plus an additional $100.00 for each attorney.
Liquor license fees: See section 2-4-23 of this title.
Locksmiths and safe mechanics:
A. $150.00 for each "locksmith" and "safe mechanic", as defined by Nevada Revised Statutes 655. In addition to completing a regular application, each applicant for a locksmith's or safe mechanic's license shall present themselves to the Police Department for fingerprinting and furnish the police or agency any other information necessary to conduct an investigation of such applicant's character and reputation. In all cases where the applicant for a locksmith's or safe mechanic's license is a firm, partnership, association or corporation, the business license official shall determine who of the members, principal officers, directors, stockholders, and/or managers shall present themselves to the City Police Agency for fingerprinting. 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. Upon completion of the investigation, the Police Agency shall prepare and submit to the business license official a report containing findings and a recommendation of approval or disapproval of the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and Public Law 92-544.
B. After the completion of the investigation, the application shall be submitted to the business license official for review. Upon review of the application and findings of the applicant, the business license official shall either approve or deny the license.
1. Denial: Any license application made pursuant to the provisions of this title may be denied for good cause by the business license official. Good cause for denial of a license shall include, but not be limited to:
a. The license application is incomplete so as to not contain all information required by this title;
b. All license or investigation fees are not paid;
c. False or fraudulent statements in the application for the license;
d. Failure to obtain a license or permit as required by this title and compliance with requirements of all other departments or divisions prior to engaging in business;
e. The applicant, or any of its principals, does not qualify for a license;
f. False, fraudulent or misleading statements made to the business license official;
g. Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation;
h. The applicant or any of its principals has been convicted of an act that constitutes a crime which involves moral turpitude or involves any local, State or Federal law or regulation which relates to the same or a similar business, or has been convicted of having solicited, encouraged, caused or procured another to commit such a violation. For purposes of this subsection, a crime involving moral turpitude is one that necessarily involves any of the following: an intent to defraud; intentional dishonesty for personal gain; intentional causing of serious injury to another person; the sale of narcotics or possession of narcotics with intent to sell; or a sexual offense as described in Nevada Revised Statutes 179D.097;
i. The applicant has been convicted of any misdemeanor involving theft or fraud or any felony.
2. Notice Of Denial: Upon determination of the licensing official to deny an applicant's completed application the City shall cause written notice to be sent to the applicant by the method indicated in the completed application. The notice shall specify the grounds for the denial, the documentation or information the City relied on to make the decision, the availability of the documentation for review by applicant upon 5 business days' notice to the City, and the date upon which the denial of the license shall take effect. It shall further state that the applicant shall have 10 business days from the receipt of the notice of denial to appeal the same to the City Council. The denial shall remain effective unless and until the order is rescinded by the City Council.
C. In the event the applicant is a firm, partnership, association or corporation, all members of the firm, partnership or association and all officers, directors, stockholders and managers of the corporation shall complete an application, be fingerprinted by the Police Agency and receive approval by the business license official.
D. A nonrefundable investigation and fingerprinting fee of $145.00 shall be charged each person required to complete an application. All nonapplicants required to be fingerprinted pursuant to this section shall provide a nonrefundable $45.00 fingerprinting fee.
Marriage/family counselor, $150.00.
Massage establishment 1 , $500.00.
Message center or telephone answering service, $100.00.
Mining, milling and manufacturing: Unless otherwise specified in the gross fee section of this chapter 2 , for each factory, plant and industry engaged in mining or manufacturing, the fee shall be as follows:
Employees | Fee |
0 - 10 | $150.00 |
11 - 25 | 300.00 |
26 - 50 | 500.00 |
51 - 100 | 900.00 |
More than 100 | 1,200.00 |
Mobile home park:
Mobile Homes | Fee |
1 - 18 | $100.00 |
19 - 30 | 125.00 |
31 - 50 | 175.00 |
51 - 80 | 200.00 |
81 or more | 250.00 |
Mobile home setup and repair, $100.00.
Modeling agency, $100.00.
Mortgage agent, $150.00.
Mortgage and investment, $600.00.
Nonprofit. Must provide proof of nonprofit registration with Nevada Secretary of State, but no fees will be charged.
Nursing home or rest home, $500.00.
Optometrist: For each traveling optometrist or oculist, who does not hold and exhibit an existing license from the State to practice as such, the fee shall be $100.00 per day. For each optometrist or oculist holding such a license, $250.00.
Osteopath, $300.00.
Parking lots: Any business renting or leasing parking spaces for any reason on a short or long term basis.
Parking Lot Spaces | Fee |
1 - 4 | $ 20.00 |
5 - 15 | 60.00 |
16 - 35 | 100.00 |
36 - 50 | 150.00 |
Over 50 | 250.00 |
Pawnbroker 1 , $1,000.00. Pawnbrokers accepting motor vehicles as pledged property or in any manner allowing the use of motor vehicles as collateral for a loan shall obtain a separate automobile pawnbroker license and pay a separate license fee in the amount of $500.00.
Peddlers, see Door to door solicitors and peddlers.
Personal services, $150.00, any person or business that provides a personal service, including, but not limited to reminder service, errand service, registration service, personal chef/cook and/or shopping service that is not specifically listed in section 2-1-12 of this chapter or this section.
Photographer, $100.00.
Physician/surgeon, $300.00 for the first professional within the establishment and $200.00 for each additional professional working within the establishment.
Polygraph operator, $150.00.
Private process server, $100.00.
Promoter, $200.00.
Property maintenance, $100.00, including, but not limited to, construction cleanup, handyman, janitorial or maid services, landscape gardening, pool or spa cleaning, power washing, tree trimming or window cleaning, house sitting, monitoring, home security, etc. This does not include activities requiring a contractor's license pursuant to Nevada Revised Statutes chapter 624 and all activities in this category must meet the requirements listed under Nevada Revised Statutes 624.
Property management firm, $200.00. Any business that manages, administers, rents or leases residential or commercial property according to Nevada Revised Statutes chapter 635.
Psychiatrist, $300.00 for the first professional within the establishment and $200.00 for each additional professional working within the establishment.
Psychic arts, $350.00.
Publisher, $100.00.
Real estate appraisal, $150.00.
Real estate broker, $150.00.
Real estate developer:
A. Any person engaging in the business of a real estate developer within the City shall obtain from the business license official a business license and shall pay $500.00 annually.
B. For the purposes of this section, a "real estate developer" is defined as the owner, or the principal agent of an inactive owner, of subdivided land who offers it for sale in any offering or disposition other than the following:
1. An offer or sale by a purchaser of any subdivision, lot, parcel or unit thereof for his or her own account in a single or isolated transaction.
2. An offer or sale of subdivided land if each lot, parcel or unit being offered or disposed of in any subdivision is 5 acres or more in size.
3. An offer or sale to any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition.
4. An offer or sale by any person licensed in the State to construct residential buildings and where such land being offered or disposed of is to include a residential building when disposition is completed.
5. An offer or sale pursuant to the order of any court of this State.
6. An offer or sale by any government agency.
7. An offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate; issued by an investment trust regulated under the laws of this State.
8. An offer or sale of cemetery lots.
C. For the purpose of this section, "subdivided land" is defined as any land or tract of land in another state or in this State from which a sale is attempted, which is divided or proposed to be divided into 50 or more lots, parcels, units or interest, for the purpose of sale as part of a common promotional plan and where any subdivision, if offered by a single developer or group of developers acting in concert, and such land is contiguous or is known, designated or advertised as a common unit or by a common name.
Real estate salesperson, $150.00.
Rent a car agency, $200.00.
Repossession agency, $150.00.
Room reservations, $100.00.
Salvaging, $150.00.
Sanitation, $100.00.
School or trade college, $100.00.
Science practitioners:
A. $350.00 for every person who carries on, practices or professes to practice the business of psychic art, psychic science, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, prophecy, augury, divination, magic or necromancy, and demands or receives a fee for the exercise or exhibition of his or her respective art, directly or indirectly, or incidental to the conduct of any other business, either as a gift, donation or otherwise, or who gives an exhibition thereof at any place where an admission fee is charged.
B. Each applicant for a license under subsection A of this occupation shall pay to the business license official the sum of $145.00, which sum shall be a nonrefundable investigation and fingerprinting fee. Each applicant for a license under subsection A of this occupation shall present themselves to the Police Department for fingerprinting and furnish the police or agency any other information necessary to conduct an investigation of such applicant's character and reputation. 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. Upon completion of the investigation, the Police Agency shall prepare and submit to the business license official a report containing findings and a recommendation of approval or disapproval of the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and Public Law 92-544.
C. After the completion of the investigation, the application shall be submitted to the business license official for review. Upon review of the application and findings of the applicant, the business license official shall either approve or deny the license.
1. Denial: Any license application made pursuant to the provisions of this title may be denied for good cause by the business license official. Good cause for denial of a license shall include, but not be limited to:
a. The license application is incomplete so as to not contain all information required by this title;
b. All license or investigation fees are not paid;
c. False or fraudulent statements in the application for the license;
d. Failure to obtain a license or permit as required by this title and compliance with requirements of all other departments or divisions prior to engaging in business;
e. The applicant, or any of its principals, does not qualify for a license;
f. False, fraudulent or misleading statements made to the business license official;
g. Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation;
h. The applicant or any of its principals has been convicted of an act that constitutes a crime which involves moral turpitude or involves any local, State or Federal law or regulation which relates to the same or a similar business, or has been convicted of having solicited, encouraged, caused or procured another to commit such a violation. For purposes of this subsection, a crime involving moral turpitude is one that necessarily involves any of the following: an intent to defraud; intentional dishonesty for personal gain; intentional causing of serious injury to another person; the sale of narcotics or possession of narcotics with intent to sell; or a sexual offense as described in Nevada Revised Statutes 179D.097;
i. The applicant has been convicted of any misdemeanor involving theft or fraud or any felony.
2. Notice Of Denial: Upon determination of the licensing official to deny an applicant's completed application the City shall cause written notice to be sent to the applicant by the method indicated in the completed application. The notice shall specify the grounds for the denial, the documentation or information the City relied on to make the decision, the availability of the documentation for review by applicant upon 5 business days' notice to the City, and the date upon which the denial of the license shall take effect. It shall further state that the applicant shall have 10 business days from the receipt of the notice of denial to appeal the same to the City Council. The denial shall remain effective unless and until the order is rescinded by the City Council.
D. No employee or other person shall assist the licensee in any audience or reading, nor shall any mechanical device of any description whatsoever be used by the licensee in the conduct of any interview, audience or reading.
E. This section shall not be construed to apply to doctors, dentists or other medical practitioners licensed by the appropriate board under the Nevada Revised Statutes or to persons employed by such doctors, dentists or other medical practitioners acting under their direction and control who use hypnotism as an aid in treatment or as a supplementary form of treatment in the course of their profession.
F. This section shall not be construed to apply to astrologers licensed under this chapter.
Secondhand dealer 1 , $450.00.
Security guard service, $150.00.
Shooting gallery, $100.00.
Signs - electrical, see Advertising space, leasing, selling, or maintaining billboard and/or electrical signs.
Solicitors, see Door to door solicitors and peddlers.
Stenographer, typist service business, $100.00.
Tattoo, $150.00. A business that places indelible marks and figures upon the body by inserting pigment under the skin or by the production of scars.
Telephone answering bureau, $50.00.
Timesharing location with acquisition booth and sales presentation room, $300.00.
Tobacco dealer, retail, $100.00 for each tobacco location within the City, payable for the current billing cycle, and when application for license is made subsequent to the current billing period, the license which is issued thereon shall be issued for the then current billing period. No license fee for less than a full semiannual period shall be accepted upon any application. Cigarette sales only at a market, service station, convenience store, etc., shall be licensed at the fee of $100.00.
Tours/guiding, $150.00
Transportation oriented companies, $500.00 including but not limited to taxicabs, charter buses, limousine services, town car services, etc.
Travel agency or bureau, $100.00. A "travel agent" is defined as one acting as the agent of or representing a prospective user in procuring travel or accommodation facilities and services which are owned and operated by third persons. "Travel agent" does not include tour or junket promoters who solicit room users or sell or distribute vacation certificates.
Trucking business engaged in the business of delivering goods for resale into the City, $70.00 per vehicle, annually.
Vacation certificates, sellers of, and servicers, $250.00.
Vacation home rental:
A. For each vacation home rental, the fee shall be $50.00.
B. For the purposes of this section, a "vacation home rental" shall mean a privately owned residential dwelling, such as, but not limited to, a single-family detached or multiple-family attached unit, apartment house, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented for the purpose of overnight lodging for a period of not less than 2 days and not more than 27 consecutive calendar days, counting portions of calendar days as full days.
Valet parking service, $100.00. Any business that offers a valet parking service.
Veterinarians/veterinarian hospital/veterinarian clinic, $250.00. Unless otherwise indicated, means any person licensed to practice veterinary medicine in this State or any personnel employed in Nevada by a governmental agency to practice veterinary medicine. "Veterinary hospital" means any establishment operated by a licensed veterinarian that provides clinical facilities and houses animals for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in connection with it, or as an integral part of it pens, stalls, cages, or kennels for quarantine or observation, in a completely enclosed building. "Veterinary clinic" means any establishment operated by a licensed veterinarian to provide dental, medical, or surgical treatment, care and grooming for animals on an outpatient basis.
Wedding chapels, $200.00. (Ord. 540, 6-13-2018; amd. Ord. 541, 8-28-2018, eff. 9-18-2018; Ord. B23-006, 3-28-2023)
Notes
| 1 | 1. See chapter 5, article A of this title. |
| 1 | 1. See chapter 2, article A of this title for Room Tax. |
| 1 | 1. See chapter 6 of this title. |
| 2 | 2. See section 2-1-12 of this chapter. |
| 1 | 1. See chapter 5, article B of this title. |
| 1 | 1. See chapter 5, article C of this title. |
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
)
A.B.
)
ANSWER
)
)
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:
LICENSEE
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)
(Address)
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)
A. Penalty: Except as otherwise specified, every person violating any of the provisions of licensing ordinances or regulations shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment of not more than six (6) months in the county jail, or by both such fine and imprisonment. A separate offense shall be deemed committed on each day during or on which a violation occurs.
B. License Revocation: In addition to the penalties named in subsection A of this section, any person convicted of wilfully violating any of the provisions of this title shall be subject to having his or its license to do business within the city revoked by the city council.
C. Authority To Issue Citations: The business license official and his or her designees are authorized to prepare, sign and serve misdemeanor citations, pursuant to Nevada Revised Statutes 171, to enforce the provisions of licensing ordinances, and shall diligently prosecute the violation thereof. (Ord. 477, 12-10-2013, eff. 12-31-2013)