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)