8.20.020.395 Time share facility.

(a) “Time-share facility” for the purpose of this chapter means a lodging facility located in an H-1 or H-2 zone, within a mixed use development (MUD) district wherein the right to use and occupy a unit on a recurrent periodic basis is enacted according to an arrangement allocating this right among various owners whether or not there is an additional charge to the owner for occupying the unit pursuant to Chapter 119A of the NRS and in a C-2 zone when meeting the requirements under Title 30 of this code.
(b) A time-share facility that has at least a one hundred twenty-five time-share unit complex, a recreation facility, and a clubhouse or lounge facility may qualify for liquor licensing pursuant to this chapter. For the purposes of this chapter, “time-share unit” means that portion of a project that is designated for minimum separate occupancy. The recreation facility must be one of the following:
(1) Two regulation tennis courts with locker rooms and attendant facilities;
(2) One swimming pool that is swimmable and adequate in relationship to the size of the resort condominium complex as approved by the board;
(3) One regular golf course consisting of at least nine holes comprising at least fifty acres; or
(4) One fitness center consisting of a minimum of one thousand square feet equipped with a full complement of exercise equipment adequate in relation to the size of the fitness center.
(c) Time-share facilities meeting the minimum requirements stated above are qualified for the following types of liquor licenses:
(1) One main bar and one service bar for every one hundred twenty-five time-share units in the complex;
(2) One package liquor license in conjunction with either a liquor store of at least five hundred fifty square feet of floor space wherein minors are prohibited from entry, or in conjunction with one of the main bars in the complex;
(3) One package beer, wine, and spirit based products liquor license in conjunction with a gift shop or convenience store of at least five hundred fifty square feet of floor space dedicated to the sale of gifts and food items, and that has public restroom facilities available for use within the same concourse of the time-share complex in which the gift shop or convenience store is located; and
(4) Portable bar liquor licenses to be operated in conjunction with licensed banquet-reception halls or convention pavilions operated in the complex;
(5) An individual access liquor license.
(d) For purposes of this section, a time-share facility may include retail shopping areas that are attached to and made a part of the time-share facility so as to appear to be one and the same and operated under a long term master lease, or having a reciprocal easement agreement with, the time-share facility management (home-owners association or property management company).
(e) Main bar, service bar, package liquor, package beer, wine, and spirit based products and portable bar liquor licenses may be issued to operators of qualifying businesses operated in conjunction with the time-share facility complex within the ratios provided in subsection (c) of this section; notwithstanding the above, operators of convenience store, gift store, restaurant, supper club, and category 2 restaurant businesses operated in conjunction with the time-share facility complex may file applications for qualifying liquor licenses for determination of suitability by the board.
(f) When determining whether a particular applicant complies with the time-share facility definition, the board may consider:
(1) The physical layout of buildings and facilities;
(2) The unity of title and ownership of the buildings or complex: and
(3) The operation and management relationship of the amenities to the complex itself. (Ord. L-235-06 § 8, 2006: Ord. L-232-05 § 81, 2005)