(a) “Nightclub” means a main bar operation in resort hotels as defined in Chapter 8.04 whose primary operations are that of preparing and serving alcoholic beverages for immediate on-premises consumption and a dancehall, which is operated primarily in the late-evening/early morning hours, and whose activities may include the operation of service bars, lounges, admission fees, food operations, and may be licensed for gaming pursuant to Chapter 8.04.
(b) Nightclubs operated in resort hotels or in shopping malls operated in conjunction with resort hotels may be licensed under the ownership of the resort hotel or under ownership separate from the resort hotel.
(c) It is unlawful for a licensee to permit the entry of any minor onto the premises of the nightclub, with the exception that nightclubs which also have a food service operation, whether meeting the restaurant or category 2 restaurant definitions in Chapter 8.20, may permit minors to patronize the restaurant or category 2 restaurant area of their business only, and only between the hours of 6:00 a.m. and 10:00 p.m. and only for the purposes of eating meals. Signs excluding minors from the remaining portions of business must be posted at all entrances to those respective portions of the business. Nothing in this section precludes a licensee from employing a minor eighteen years of age or older (young adult) as an entertainer performing in a lounge show or theater restaurant without violating NRS 202.030 or NRS 202.060, provided that the young adult departs upon the completion of his or her act.
(d) If a restaurant is operated in conjunction with a nightclub and minors are admitted to the restaurant area, alcoholic liquors may be served to all patrons aged twenty-one and older throughout the premises, except that any person twenty-one and older accompanying a minor in the restaurant portion of the business may only be served alcohol in conjunction with meals at dining tables or booths.
(e) It shall be unlawful for a resort hotel licensee to operate a nightclub unless a written request is submitted to the department specifying the name of the nightclub as it is held out/advertised to the public along with the payment of appropriate fees for each main bar/service bar in the nightclub, pursuant to Section 8.20.478 of this code.
(f) It shall be unlawful for a nightclub to provide any live entertainment, as that is defined under Title 30 of this code, without obtaining all required land use approvals and required business licenses for such activities pursuant to Titles 6, 7 and 8 of this code.
(g) It shall be unlawful for a nightclub to operate, as a primary purpose, a separate banquet facility or convention pavilion business on the same licensed premises of a nightclub. However, nothing in this section prohibits a nightclub licensee in a resort hotel from conducting banquet facility or convention pavilion-type operations on their premises, provided that: (1) the nightclub be open to the general public at least fifty-one percent of the time that the premises are in use, regardless of whether alcohol is being served or consumed; (2) the licensee notifies the department of each event at least two working days prior to the event as provided in subsection (h) of this section; and (3) all other provisions of this section are met. For the purposes of this section “in use” means that patrons are utilizing the facility during normal nightclub business operations, during private functions for any purpose not listed herein.
(h) Nightclubs are required to notify the department of the type of event, time and of hours of the event, and the employee supervising the event. A nightclub may notify the department of short-notice banquet-type events less than the two-working day requirement in the situation where a contract for an event is finalized less than two days prior to the event.
(i) The licensee is required to maintain accurate records and supporting documents consistent with proper accounting procedures. All revenue sources at the point of sale must be clearly identified and segregated, including all revenue from any use of the licensed establishment. The sale of food must be distinguished from the sale of alcoholic liquor, including complimentary alcoholic liquor valued at the retail rate, and any other revenue sources.
(j) The director and any other officer designated by the director shall have the power and authority to enter the business at any time during any private function such as banquet facility or convention pavilion-type events or when the premises are open to the general public and have access to inspect the business for the purpose of ascertaining compliance with the provisions of this code. (Ord. L-238-07 § 1, 2007)