Title 8 LIQUOR AND GAMING LICENSES AND REGULATIONS*
Chapter 8.20 LIQUOR LICENSE REGULATIONS
8.20.030 License application—Contents and procedure.
A liquor license is a privilege and shall not be issued for the operation
of any liquor establishment unless the applicant for such license carries the
burden of proving his suitability to receive said license. All applicants for a
new liquor license are required to file a complete application. Once the
application is complete, it will then be processed and forwarded to the LVMPD
for investigation as described in subsection (i) of this section. The
application will be considered complete at the time all of the following are
received by the director: all required liquor license and personal suitability
application forms; all required license, processing and investigative fees; all
required documentation to evidence the ownership and management of the applicant
entity and that of any parent entities, if applicable; all required
documentation concerning the formation and current standing of the applicant
entity and that of any parent entities, if applicable; and all required
documentation evidencing real and/or personal property ownership/rights to the
proposed liquor establishment.
(a) Other Interests and Personnel. All
applicants for an original or renewal license for a liquor establishment shall
make application therefore by petition to the board and by filing same with the
director, stating in writing the names and addresses of all persons owning an
interest in the business, and the name and address of the key employee(s) of the
business and those persons who are directly authorized by the owner to exercise
supervision and control and to establish policies for the operation of said
business. Where there is more than one owner of such an establishment, the names
of all such persons owning an interest in such business shall be listed on the
application, together with a statement as to the percentage of such business
owned by each individual.
(b) Ownership of License. In all cases where the
applicant for a liquor license is an entity other than a sole proprietor, the
names and addresses of the officers, shareholders, members, managers, partners,
general partners, and all owners of an applicant group or entity shall be listed
on the application. In all such cases, it shall be necessary for all of the
principal officers of such entity to present themselves in the LVMPD’s
office for fingerprinting. It shall also be necessary, in instances where an
entity other than a sole proprietor is the applicant for a liquor license, to
disclose in the application for such license the names and addresses of any and
all such persons and entities having ownership, whether directly or indirectly,
in the applicant entity.
(c) State Agency or State Owned and Operated
Facility. In all cases where the applicant for a liquor license is a state
agency or state owned and operated facility, the names and addresses of the
appropriate state employees (i.e., agency head director and principal managers)
shall be listed on the application as designated in writing by the head of the
state agency or state owned and operated facility seeking licensure. In all such
cases, it shall be necessary for all of the appropriate designated employees of
such state agency or state owned and operated facility to present themselves in
the LVMPD’s office for fingerprinting. It shall also be necessary, in
instances where a state agency or state owned and operated facility is the
applicant for a liquor license, to state in the application for such license the
names and addresses of any and all such persons that exercise management and
control of the designated employees.
(d) Indian Tribe Owned and Operated
Facility. In all cases where the applicant for a liquor license is an Indian
tribe owned and operated facility within an Indian reservation, the names and
addresses of the appropriate tribal personnel and/or tribal employees (i.e.,
tribal council head, director of liquor operations, and principal managers)
shall be listed on the application as designated in writing by the head of the
Indian tribal council where the Indian owned and operated facility seeking
licensure is located. In all such cases, it shall be necessary for all of the
appropriate designated persons/tribal employees of such Indian owned and
operated facility to present themselves in the LVMPD’s office for
fingerprinting. It shall also be necessary, in instances where an Indian owned
and operated facility is the applicant for a liquor license, to state in the
application for such license the names and addresses of any and all such persons
that exercise management and control of the designated persons/tribal employees.
Notwithstanding the foregoing, the terms of this subsection shall be applicable
only to the extent provided pursuant to an intergovernmental agreement executed
by and between Clark County and the affected Indian tribe which is in
effect.
(e) Personal Data. The following personal data shall accompany the
application: If the applicant is an individual, his name and place of residence,
whether or not he is a citizen of the United States, whether or not he has ever
been convicted of a felony or for any other crime which would be considered a
felony under the laws of the state of Nevada or gross misdemeanor or misdemeanor
involving moral turpitude. All shareholders holding ten percent or more direct
ownership of the entity, members holding ten percent or more direct ownership of
the entity, managers, partners holding ten percent or more direct ownership of
the entity, general partners holding ten percent or more direct ownership of the
entity, chairperson of the board of directors, and primary officers of the
applicant entity shall complete and file a personal history questionnaire and a
personal financial questionnaire. Key employees, including but not limited to
general managers, as those terms are used throughout this chapter, are required
to submit only a personal history questionnaire unless specifically requested to
do so by the department and/or the LVMPD.
Officers, directors, and managers
of holding companies are not required to apply for licensure provided they have
no managerial or supervisory role in the operations of the licensed entity
unless requested by the board. Officers, directors, and managers of publicly
traded companies having registered with the Securities and Exchange Commission
of the United States Department of Treasury must submit all requested
documentation to evidence their ownership role, and are not required to apply
for licensure provided they have no managerial or supervisory role in the
operations of the licensed entity unless requested by the board.
All
shareholders holding ten percent or more indirect ownership of the licensed
entity, members holding ten percent or more indirect ownership of the licensed
entity, managers, partners holding ten percent or more indirect ownership of the
licensed entity, general partners holding ten percent or more indirect ownership
of the licensed entity, chairperson of the board of directors, and primary
officers of any entity holding ten percent or more indirect ownership of the
licensed entity are not required to apply for licensure provided they have no
managerial or supervisory role in the operations of the licensed entity unless
requested by the board.
As used in this chapter, “holding
company” means an entity which confines its activities to owning stock or
membership interest in another entity and is itself a wholly owned subsidiary
entity, and may or may not exercise a managerial or supervisory role in the
operations of their subsidiary.
(f) Work Card and Fingerprints of Personnel.
All individuals required to file applications for determination of suitability
and all individuals who are actively engaging in the management of a liquor
establishment, including all persons who are directly authorized by the owners
to exercise supervision and control of, and to establish policies for, the
operation of said business, and all employees thereof, must present themselves
for fingerprinting in the office of the LVMPD and secure a work card from the
LVMPD prior to operating the establishment, and the work card must be carried
upon the person at all times of employment, must remain current, and is
nontransferable. No person shall be employed by any applicant without first
requiring compliance with the provisions of this subsection. The LVMPD shall
forward one set of fingerprints of each applicant to the Central Repository for
Nevada Records of Criminal History. The Central Repository for Nevada Records of
Criminal History is authorized to submit the fingerprints to the Federal Bureau
of Investigation for its report and to exchange fingerprint data with the
Federal Bureau of Investigation. The purpose for such submission of fingerprints
is to allow for a state and federal criminal records investigation to determine
suitability for licensure and pursuant to authority under and in conformance
with Nevada Revised Statutes 239B.010(l)(a) and Federal Public Law
92-544.
(g) Fingerprinting and Questions. No license shall be issued for the
operation of any liquor establishment unless the applicant presents himself to
the LVMPD for fingerprinting. The LVMPD shall forward one set of fingerprints of
each applicant to the Central Repository for Nevada Records of Criminal History.
The Central Repository for Nevada Records of Criminal History is authorized to
submit the fingerprints to the Federal Bureau of Investigation for its report
and to exchange fingerprint data with the Federal Bureau of Investigation. The
purpose for such submission of fingerprints is to allow for a state and federal
criminal records investigation to determine suitability for licensure and
pursuant to authority under and in conformance with Nevada Revised Statutes
239B.010(1)(a) and Federal Public Law 92-544.
Any and all persons required
to be fingerprinted under the terms of this chapter shall be required to answer
any and all questions deemed appropriate and necessary by the licensing board,
pertaining to such application, or the fitness of any persons connected as
owners, officers, directors, shareholders, members, managers, partners, general
partners, any members of an applicant group or entity, or key employees of any
establishments applying for a liquor license.
Except as otherwise provided
herein, all fingerprinting required to be taken under the terms of this chapter
and all other information obtained by reason of the fingerprints shall be
maintained by the LVMPD in a confidential file to be open for the inspection
only by county commissioners, the director, the district attorney, and law
enforcement officers; provided, however, the applicant shall waive the
requirements of this subsection and by such waiver permit questioning of the
applicant, at any meeting of the licensing board, concerning any matters
contained in the application or information obtained in the course of an
investigation.
(h) Confidential. All information other than criminal history
information, of a confidential nature supplied under the terms of this chapter
shall be maintained by the director, in a confidential file, to be open for the
inspection only by county officials, law enforcement officers and the district
attorney; provided, however, the applicant shall waive the requirements of this
subsection and by such waiver permit interrogation of the applicant, at any
meeting of the licensing board, concerning any matters contained in the
application or information obtained in the course of an
investigation.
(i) Application Referral Investigation, and Board
Determination. Once an application is complete as defined in this section, the
director of business license shall present the application to the licensing
board at either its next regular or special meeting. The board shall then refer
the application to the LVMPD for investigation of the suitability of the
applicant. The investigation shall be completed in the shortest possible time;
however, the LVMPD is required to make a complete investigation and shall be
given a reasonable amount of time to verify any information presented or
ascertained. It is the intent of this chapter that all investigations shall be
completed within sixty days; however, if it is not possible for the LVMPD to
complete an investigation within sixty days after the LVMPD’s receipt of a
complete application, the LVMPD shall report the fact to the board and the board
may order the LVMPD to make a report upon the investigation completed at the
time.
Upon completion of the investigation, the
LVMPD shall immediately refer the application to the director of business
license together with their findings and all facts upon which the findings are
based. The director shall then place this item on the next regular meeting of
the licensing board for the LVMPD to report its findings from the completed
investigation, along with any applicable report from the department. The
application may be acted upon by the board at any regular or recessed regular
meeting thereof or at any special meeting thereof duly called and noticed as
hereinafter provided. (Ord. L-241-08 § 2, 2008: Ord. L-225-05
§ 1, 2005: Ord. L-190-99 § 1, 1999: Ord. L-189-99
§ 1, 1999: Ord. L-176-97 § 1, 1997: Ord. L-154-95
§ 1, 1995: Ord. L-147-95 § 1, 1995: Ord. L-140-94
§ 1, 1994: Ord. L-30-79 § 3, 1979: Ord. L-22-76
§ 1, 1976: Ord. L-19-75 § 1, 1975: Ord. L-8-66 (part), 1966:
Ord. L-7-65 § 3(1), 1965)
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