Chapter 5.16
BROTHELS1

Sections:

5.16.010    Declaration of public policy on privilege permit business.

5.16.020    Definitions.

5.16.030    Prostitution permitted.

5.16.040    Powers of the licensing board.

5.16.050    License application--Filing and investigation.

5.16.060    License applications--Contents.

5.16.070    Restrictions on licensing.

5.16.080    Unsuitable locations and buildings.

5.16.090    Investigation of applicant--Board action.

5.16.100    Issuance of license and automatic renewal.

5.16.110    License denial.

5.16.120    License nontransferable--Death, disability or insolvency of licensee.

5.16.130    License fees, penalties for nonpayment.

5.16.140    Compliance inspections for brothels--Implied consent.

5.16.150    Reserved.

5.16.160    Reserved.

5.16.170    License renewal with taxes in arrears.

5.16.180    License revocation or suspension.

5.16.190    License revocation procedure--Hearing--Notice.

5.16.200    Exception to hearing procedure (emergency suspension of license).

5.16.210    Health examinations.

5.16.220    Work card registration required.

5.16.230    Violations by employee--Effect on registration and work card.

5.16.240    Violations--Criminal penalty.

5.16.010 Declaration of public policy on privilege permit business.

A.    The board of county commissioners finds and declares that the public health, safety, morals and welfare of the inhabitants of the county require the regulation and control of each brothel, as a privilege permit business, the licensing of which is granted in the sole discretion of the board and the regulation and control of each person with an ownership interest in, who is engaged in, who is associated with or who is in control of the business, including the local general manager.

B.    It is unlawful to practice prostitution, to allow acts of prostitution or sex-for-hire services, to solicit business for a prostitute or to procure any person for the purpose of prostitution, except as permitted by this chapter.

C.    Any license issued under the provisions of this chapter is a revocable privilege and the holder does not acquire any vested rights to the permit. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.020 Definitions.

When used in this chapter, the following words and terms are defined as follows:

"Applicant" means any person, including a trustee of an inter vivos trust, a director, officer or shareholder of a corporation, or a member or manager and owner of a limited liability company applying to the board for a license under the provisions of this chapter.

"Board" means the brothel licensing board of Storey County consisting of the board of county commissioners and the sheriff of Storey County.

"Brothel" means a business engaged in prostitution, sex-for-hire services, and all associated activities allowed and approved under this chapter.

"Escort" means any person who, for compensation of any type, accompanies any other person to or about social affairs, places of entertainment or amusement, or who consorts with others about any place of public resort or within any private quarters outside of a brothel.

"Escort service" includes any person, business or agency which, for compensation of any type, furnishes or offers to furnish escorts, also known as "outdating."

"Licensed operation" means a brothel duly licensed and operated in accordance with the provisions of this chapter.

"Operational control" means the control of or the ability to control any substantial business decision involving a brothel.

"Premises" means the brothel building, accessory buildings used by customers, and area within the fenced enclosure, if any, of the building.

"Work card" means the card issued by the sheriff to each employee and to each prostitute authorizing them to work at a licensed operation. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.030 Prostitution permitted.

The operation of a licensed brothel within the county in accordance with the provisions of this chapter does not constitute a public nuisance or an offense to public decency. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.040 Powers of the licensing board.

A.    The board has the sole authority to grant a permit to operate a brothel, and the sole authority to make, alter and rescind all necessary regulations setting forth the terms and conditions under which permits may be applied for, the terms and conditions under which permits may be granted, transferred, revoked or canceled, where brothels may be located within the county, and any and all other regulations necessary regarding the conditions under which the brothels may be allowed to operate.

B.    It is the duty of the board to carry out terms of the provisions of this chapter, and to see that this chapter is enforced.

C.    Powers of the board include, but are not limited to, the power to:

1.    Receive all license and general manager applications.

2.    Investigate all applicants.

3.    Grant or refuse to grant the license.

4.    Approve or disapprove a general manager for a licensed operation.

5.    Receive complaints concerning alleged violations of this chapter.

6.    Restrict, revoke or suspend licenses for cause after a hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.

7.    Exercise the power and authority necessary to perform the duties assigned it.

8.    Hear appeals from enforcement actions of the sheriff. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.050 License application--Filing and investigation.

A.    All license applications for a brothel must be filed with the sheriff’s office along with a nonrefundable investigation fee, set by resolution of the board of county commissioners, for each applicant. If the actual total cost of investigating any license application exceeds the fee, the applicant will be responsible for and pay to the county the amount in excess before the license may be approved. At time of application, the first three months’ license fee must be deposited with the sheriff’s office. If the application is denied, the license fee deposit must be refunded.

B.    Any applicant whose place of business will be conducted by a general manager, and any brothel licensee who changes a general manager, is required to submit an application for the general manager and is required to report the change of a general manager, and must pay an additional nonrefundable investigation fee for each designated general manager.

C.    Any person, director, officer or shareholder of a corporation, member or manager of a limited liability company, or the principal of any firm or association having any financial interest, including revenue or income participation, operational control, or ownership interest in the brothel must submit an application as a co-licensee pursuant to Section 5.16.060 and pay an additional nonrefundable investigation fee.

D.    Banking and financial institutions that lend to a brothel operator, owner or landlord are not required to submit a license application unless the lending instruments include revenue or income participation, or operational control of the brothel business. For the purposes of this section “banking and financial institutions” means any bank, savings and loan association, savings bank, thrift company, credit union, or other financial institution that is licensed, registered or otherwise authorized to do business in Nevada.

E.    A loan related to the brothel equal to or greater than twenty-five thousand dollars must be reported to the sheriff and loan documents must be provided within thirty days. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009. Formerly 5.16.080)

5.16.060 License applications--Contents.

Any person desiring to own or operate a brothel within the county must apply to the board for a license. The application for the licensee must be filed at the sheriff’s office. An applicant must be a natural person applying as an owner, co-owner, or general manager of the brothel, or as a trustee on behalf of an inter vivos trust, or as director, officer or shareholder on behalf of a corporation, or as member or manager and owner on behalf of a limited liability company that owns or will own the brothel. Applicants must be a resident of the state of Nevada.

A.    The application must set forth:

1.    The applicant for the license, including:

a.    Names, ages, and addresses of all persons who have or will have a financial or ownership interest in the operation, including the owner of the real property;

b.    Names, ages, and addresses of persons who are or will be personally responsible for the conduct and management of the operation;

c.    Names, ages, and addresses of all persons designated as trustees of an inter vivos trust, directors, officers or shareholders of a corporation, or members or managers of a limited liability company;

2.    A recent photograph and complete set of fingerprints of all persons listed in subsection (A)(1) of this section;

3.    Names and addresses of any other businesses an applicant has a financial or ownership interest in and the type of business and the nature of the applicant’s interest;

4.    Names and addresses of each of the applicant’s current and former employers for the preceding ten years;

5.    The applicant’s current address and all former addresses in the preceding ten years;

6.    A list of all prior convictions of the applicant for any crime, excluding minor traffic violations; the list must include a statement of the offense, the place of its occurrence, the date of its occurrence, and the disposition of the case;

7.    A complete and accurate financial statement of the applicant prepared by a licensed certified public accountant;

8.    Complete federal income tax returns for the applicant for the preceding five years;

9.    The street address and legal description of the property upon which the proposed brothel is to be located, together with copies of all deeds, mortgages, deeds of trust, liens or other encumbrances, leasehold interests, or other interests relating to the property;

10.    A complete list of any children the applicant has under the age of eighteen, including names, addresses, phone numbers, any court orders for child support and an affidavit that all child support payments are current;

11.    A court certified copy of the inter vivos trust if applicant is designated trustee, the bylaws of a corporation, or the operating agreement of a limited liability company;

12.    An executed comprehensive release authorizing the investigating authority to obtain any and all information deemed pertinent to the granting of a license;

13.    A list consisting of a minimum of three verifiable personal references with addresses and telephone numbers; and

14.    Any other information reasonably deemed necessary or useful by the board. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009. Formerly 5.16.090)

5.16.070 Restrictions on licensing.

A.    The board must apply the following restrictions to every licensed operation:

1.    Signs. Each licensed operation may have up to three signs. All off-premises signs must be placed in a location off the right-of-way and in a manner so as not to constitute a hazard. The community development department must approve all signs.

2.    Fences. All licensed operations, individual or resort property oriented, must include designated perimeter barriers (fences, berms or other approved forms of separation) and a resort-style entrance gate that will restrict access to the brothel property. No prostitution related activities may be conducted outside of the designated perimeter.

B.    Topless shows or other exhibitions involving the exposure of human genitals, pubic region, or buttocks, or any adult movies whose program during a substantial part of the time contains one or more motion pictures which are rated "X" by the Code Rating Administration of the Motion Picture Association of America, or which is not rated, but whose program is intended to appeal to the prurient interests of the client, are allowed in a licensed brothel and may not be permitted or licensed by the board outside of a licensed brothel.

C.    The board may, to promote the health, safety and welfare of the people of the county, or to promote the orderly conduct of the operation, impose additional restrictions, including, but not limited to, the following:

1.    Limit the hours per day or per week that a licensed operation may be conducted;

2.    Limit the type, signing and size of building in which a licensed operation may be conducted; and

3.    Limit the number of prostitutes that work in an operation.

D.    The board may impose restrictions pursuant to this section prior, during, or after issuance of license.

E.    Subject to Nevada state law, gaming may be permitted in the premises.

F.    In the interests of the public health, safety, morals, and general welfare, the number of licenses issued under this chapter is limited to five.

G.    Escort services may only be allowed in association with a licensed operation and may be allowed only under an additional and separate specific escort license, subject to a written agreement for each transaction for escort services acknowledging:

1.    The brothel is not licensed outside of Storey County.

2.    Prostitution is not allowed in Washoe County, Reno, Sparks, Carson City or the Nevada areas of Lake Tahoe.

3.    Escort services are for purposes of entertainment, dining, gaming (casino gambling), dancing, shopping, sight seeing or other similar activity.

4.    Escort and client may not leave the state of Nevada.

5.    Prostitution or solicitation of sexual activity away from the licensed operation is prohibited. (Ord. No. 14-261, § I, 3-17-2015)

5.16.080 Unsuitable locations and buildings.

A.    The board may deny any application if the board finds that the place or location for which the license is sought is unsuitable for the conduct of a brothel. The following places or locations may be deemed unsuitable:

1.    Premises located within one mile of a church, hospital, school, military or naval reservation, children’s public playground or residential area;

2.    Premises difficult to police or difficult to access by police and emergency services;

3.    Premises adjoining a gambling house, motel, hotel, licensed cocktail lounge not part of the brothel, or another brothel;

4.    Premises located within the historic districts as defined by NRS 384.100 and other sites of historical or public interest, as may be designated by the board;

5.    All properties located within the former McCarran Ranch, including all contiguous property, excluding currently licensed brothels; and

6.    Properties requiring primary ingress or egress across BLM controlled property, previously known as the Mustang Ranch, require written approval of easement access from the United States Department of the Treasury, the United States Department of the Interior acting through the Bureau of Land Management (BLM) and the United States Attorney’s Office prior to acceptance of application.

B.    The board may deny any application if the board finds that the building for which the license is sought is unsuitable for the conduct of a brothel. Without limiting the foregoing, the following may be deemed unsuitable:

1.    A building that is or is proposed to be located in a mobile home, which will not be converted to real property.

2.    A factory-built housing building, which will not be permanently affixed to the land.

3.    A manufactured home, which will not be permanently affixed to the land. (Ord. No. 14-261, § I, 3-17-2015)

5.16.090 Investigation of applicant--Board action.

A.    Sheriff’s Investigation. Upon presentation of a completed license application and payment of all fees, the sheriff must conduct a full investigation of all information contained in the license application and submitted with the application. The investigation must include, but is not limited to, the following:

1.    A complete check of all records of the Federal Bureau of Investigation and any other similar organization concerning the criminal record of the applicant;

2.    A personal interview with the applicant;

3.    An interview with selected employers of the applicant and business associates of the applicant, as shown in the license application;    

4.    Examination of the financial statement, records, and financial background of the applicant; and

5.    An interview with any other person or source discovered during the investigation that may have information bearing upon applicant’s suitability as a license holder.

B.    Investigation Report. As soon as practicable or within forty-five days after an application is received by the sheriff, the sheriff must report the results of the investigation in writing to the board. The report must include, but is not limited to, the following:

1.    A complete statement of the results of all investigations undertaken;

2.    A list of any errors or omissions found to exist in the application; and

3.    An evaluation of the personal and financial status and background of the applicant.

C.    Board Response. Within thirty days after receiving the sheriff’s report, the board must place the application on the board’s agenda for a hearing and may:

1.    Refer the application back to the sheriff for additional investigation.

2.    Require a personal interview with the applicant.

3.    Require the applicant to submit additional information related to his application.

If no further investigation is needed, the board may decide whether to grant or deny a license or to approve a general manager. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009. Formerly 5.16.100)

5.16.100 Issuance of license and automatic renewal.

A.    Upon approval of an application for a licensee or all co-licensees connected with a brothel, the board may issue a license for the brothel. The license must state:

1.    The name and address or location of the brothel.

2.    The names of all licensees connected with the brothel.

3.    Any restrictions or limitations imposed by the board under this chapter.

4.    The date of issuance of the license.

5.    The date of expiration of the license, which is June 30th, the end of each fiscal year.

6.    All licenses are issued on a yearly basis and will renew automatically; provided, that licensee is in substantial compliance with this chapter.

B.    The board may issue a temporary license to an applicant for a specific period of time in the case of a licensee’s death, disability or insolvency when there is no remaining licensee to operate the brothel. The temporary license entitles the person named in the application to take part in the operation of the brothel and receive profits. (Ord. No. 14-261, § I, 3-17-2015)

5.16.110 License denial.

The board may deny a license to any applicant or may disapprove of a general manager in its discretion, based on, but not limited to, the following circumstances:

A.    The applicant, or the applicant’s spouse or any other individual listed on the application who may have an interest in the brothel, has been convicted of a felony;

B.    The applicant is financially insolvent;

C.    The applicant has a history of financial instability;

D.    The applicant’s stated financial condition is inadequate, insufficient, or cannot be verified as sufficient to operate a brothel;

E.    The applicant makes any false statement of a material fact or omits any material fact in any application, notice, statement, or report filed with the board;

F.    The applicant has any financial interest in, or connection with, any business or other organization that is illegal where the entity is located;

G.    The applicant’s license location under the provisions of this chapter would be contrary to the health, safety, morals or welfare of the county’s residents;

H.    The applicant is under the age of twenty-one years;

I.    The applicant has been convicted of a crime involving moral turpitude, unless the board finds, upon examination of the circumstances of the crime and the applicant’s criminal history, that the applicant does not present, and is not likely to present in the future, a threat to the health, safety, morals, or welfare of the residents of Storey County, and will likely operate a lawful establishment in full compliance with the Storey County Code, and the laws of the state of Nevada;

J.    The applicant has past due child support;

K.    The applicant’s license issued under this chapter has been revoked for cause;

L.    The applicant is a corporation, unless it is incorporated in Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada;

M.    The applicant is a person whose place of business is conducted by a general manager, unless the general manager possesses the same general qualifications required of an individual licensee; and

N.    A person who is unqualified or disqualified to hold a license owns any interest whatsoever in the premises, regardless of the qualifications of the applicant himself. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.120 License nontransferable--Death, disability or insolvency of licensee.

A license granted under this chapter is for operations conducted on the property described in the application only, by the licensee or co-licensees only, and no licensed operation may be added to or moved without a new license application and approval.

A.    A brothel license may not be transferred, unless the license is transferred under an inter vivos trust where the licensee is the grantor or settler of the trust and is also the trustee of the trust and the license is in good standing and has not been suspended or revoked.

B.    In the event of the death or judicially established disability of a licensee, the spouse, next of kin, personal representative or guardian of the deceased or disabled person, or any other co-licensee, must notify the board and the sheriff immediately of the death or disability.

C.    In the event of death or judicially established disability of a sole licensee who holds the sole interest in a licensed operation and whose interest would pass by operation of law to the licensee’s estate or to any other person other than a co-licensee, the board may authorize the spouse, next of kin, personal representative, executor, or guardian of the person to continue the operation of the brothel under a temporary permit, as a successor in interest, pending action on an application. The application for a temporary license must be filed within thirty days of the date of death or disability.

D.    In the event of the death of a licensee holding a license under an inter vivos trust, or whose ownership of a brothel passes by way of a trust on the licensee’s death, the succeeding trustee or trustees must be licensed. If the succeeding trustee or trustees are not licensed at the time of the licensee’s death, the board may authorize the succeeding trustee or trustees to continue operation of the brothel under a temporary license while the succeeding trustee or trustees prepare and submit an application for a license.

E.    Where the licensed operation is owned or operated by more than one licensee, the remaining co-licensees may continue to operate the business in the event of the death or disability of a co-licensee. The remaining co-licensees may not permit any spouse, heir, next of kin, personal representative or guardian of the deceased or disabled licensee to take part in operation of the brothel unless or until the person is approved for a temporary license or is approved as a co-licensee. If a co-licensee no longer has an interest in the operation of a brothel and is no longer required to be licensed, the remaining licensees must notify the board and sheriff immediately that the person is no longer a licensee. The change in status of the co-licensee is effective on receipt of the notice by the sheriff or the board.

F.    The board may, if satisfied the action is necessary, issue a temporary license to an applicant for a specific period of time. The temporary license entitles the person named in the application to take part in the operation of the brothel and receive profits. A temporary license is not transferable.

G.    A temporary license may be summarily withdrawn at any time in the discretion of two board members without the necessity of a hearing or proceedings for revocation or suspension.

H.    In the event a licensee files any petition with the bankruptcy court for relief as a debtor or has a petition filed against it, or a receiver is appointed for a licensed operation or an assignment of a business is made for the benefit of creditors, the licensee, trustee, receiver or assignee, as the case may be, must immediately notify the board of the change in writing. The written notice must have attached a copy of the assignment or the petition filed with the court, and any relevant court orders including orders appointing trustees, receivers, or assignees.

I.    A trustee, receiver, or assignee desiring to continue operation of the licensed establishment must immediately make application for a temporary license.

J.    A brothel may not be operated by a bankruptcy trustee, receiver, or assignee for the benefit of creditors until the board has either licensed or temporarily licensed the trustee, receiver, or assignee. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009. Formerly 5.16.125)

5.16.130 License fees, penalties for nonpayment.

A.    Every licensed operation must pay monthly licensing fees, set by resolution of the board of county commissioners, in advance of the first calendar day of each month for the privilege of operating a brothel in the county. The fees must be considered at two board of county commissioners’ meetings before becoming effective.

B.    Any license fees paid are nonrefundable except as provided in Section 5.16.050.

C.    All license fees must be paid to the sheriff. The sheriff must deposit all fees in the general fund.

D.    Delinquent brothel fees, including all accrued penalties, as set forth by resolution of the board of county commissioners, may be grounds for suspension or revocation of the brothel license by action of the board. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.140 Compliance inspections for brothels--Implied consent.

A.    Licensees or management of licensed operations must provide the sheriff access, upon demand at any time, for purposes of inspection to ensure compliance with this chapter.

B.    Anyone obtaining or renewing a license pursuant to this chapter consents to and acknowledges the power and authority of the sheriff’s office to enter the licensed operation’s premises and principal office at any time for the purposes of examining the premises, the brothel’s books of account, medical records or work cards, to ascertain the truth or veracity of statements made on the brothel license application and to determine compliance with the Storey County Code and Nevada state law.

C.    Refusal by a licensee, or his or her agent or employee, to permit a lawful inspection of a licensed operation in accordance with this chapter constitutes a violation. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.150 Reserved.

5.16.160 Reserved.

5.16.170 License renewal with taxes in arrears.

A business license may not be issued or renewed when, at the time of application or renewal, the applicant or the licensee is indebted to the county for any unpaid obligation, including real property taxes, personal property taxes, room taxes or business licenses, including those not used in conjunction with brothel operations. The tax receiver may enter into an agreement with any person so indebted to the county to establish a schedule for the payment of the indebtedness and any delinquencies and interest. In the agreement, the debtor must acknowledge the debt to the county and must agree that if any default occurs in the payment of any installment agreed to be paid under an agreement, the entire amount to be paid becomes immediately due and payable. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.180 License revocation or suspension.

The board may revoke, temporarily suspend, or place on probation with or without conditions any brothel license for cause after a hearing for any of the following causes:

A.    Any cause that would constitute grounds for denial of a license under this chapter;

B.    Violation of any provision of this chapter by the licensee or any employee of the licensee or any working prostitute at a licensed operation;

C.    Willful refusal of the licensee to comply with any reasonable order of the board or of the sheriff’s office;

D.    The licensee knowingly permitting the existence of any health hazard on the premises occupied by the licensed operation or employing any prostitute when the person does not have a valid health certificate;

E.    Change in ownership or the leasing of the premises to an unlicensed person, or the addition of any persons with any financial interest, including revenue or income participation, operational control, or ownership interest in a brothel who is not a co-licensee will automatically revoke a license;

F.    Any attempt by a licensee to permit an unlicensed person to operate a brothel under the existing license is grounds for automatic and immediate revocation;

1.    It is not a violation for a licensee to employ a board-approved general manager to supervise day-to-day operations;

2.    Any prospective general manager must be an employee of the licensed operation, and be subject to investigation and board approval;

G.    Any other cause which the board may determine, in its sound discretion, to be deleterious to the health, welfare, and safety of the general public; and

H.    If any written complaint regarding the licensed operation is received during the current license period, the sheriff may cause the complaint to be placed on the agenda of the next board meeting, at which meeting the board may review the complaint and the license. The board may conduct a hearing, summon witnesses, interview the licensee, interview any complainant, require additional investigation by the sheriff, or do any and all other acts which may be necessary or appropriate for the board’s determination. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.190 License revocation procedure--Hearing--Notice.

A.    Before revoking a brothel license the board must:

1.    Conduct a hearing to determine the existence of the cause or causes of revocation. Notice of the hearing with written specifications of the violations must be served upon the licensee or posted upon the premises where the licensed operation is located at least three days before the hearing;

2.    Permit the licensee to submit evidence and testimony in opposition to the revocation;

3.    Consider all evidence and testimony in support of and in opposition to the revocation;

4.    Enter in the minutes of the board the findings of the board, and stating with specificity the cause of revocation; and

5.    Enter in the minutes of the board an order revoking or refusing to revoke the license.

B.    Notice of revocation must be served upon the licensee or posted upon the premises occupied by the licensed operation. Revocation is effective upon service of the notice on the licensee or posting of the notice on the premises. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.200 Exception to hearing procedure (emergency suspension of license).

A brothel license may be immediately suspended or limited without a hearing by a written emergency suspension order signed by two members of the board, if, in their opinion, there exists an emergency or other immediate and present danger to public health and safety which necessitates the immediate closure of the brothel. The order must state the reason for the suspension or limitation and advise the licensee of the right to a hearing. Upon the issuance and service of an emergency suspension order, all brothel activity must immediately cease and the brothel licensee may request a public hearing before the board within three business days. The hearing must be held in accordance with Section 5.16.190. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.210 Health examinations.

The licensed operation must comply with all State of Nevada Division of Health requirements and Nevada Revised Statutes with regard to medical and health examinations for prostitutes.

A.    Exams Required. Every prostitute working at a licensed operation is required to have a weekly medical examination by a medical doctor licensed to practice medicine in the state of Nevada or the doctor’s duly qualified and supervised employee. Each medical examination must include testing to be submitted to a state licensed medical laboratory and must include:

1.    Once each week, a culture to confirm the presence or absence of gonorrhea and testing to screen for the presence or absence of chlamydia;

2.    Once every week, a licensed medical professional must perform an examination on each prostitute for lesions. If lesions are present on the individual, the health care professional must excuse the prostitute from work until the lesions have resolved and are no longer infectious with herpes simplex II virus;

3.    Other medically required or approved tests deemed advisable by the examiner for determining whether the prostitute is afflicted with any infectious or contagious disease;

4.    All medical examinations, pre-employment and post-employment, and tests must conform to the requirements of the State of Nevada, Division of Health, the NRS and the Nevada Administrative Code;

5.    After performing an examination on a prostitute, the examining doctor may not issue a certificate if the person is found to be or suspected to be afflicted with a sexually transmitted infection or other contagious or infectious sexually transmitted disease (“STD”). The sheriff must be notified by the licensee of ineligibility of a prostitute to work; and

6.    The cost of the required medical examination and tests must be paid by the prostitute directly to the medical providers.

B.    When a prostitute has completed the medical examination and tests required, the results of the tests must be forwarded to a state approved medical lab for review and approval.

C.    Certification of Work Eligibility--Approval and Denial.

1.    After the state medical lab completes the required review of the medical examination and tests, and forwards the certificate of clearance to the brothel’s license holder, the brothel must retain those results for review by the sheriff and must certify to the sheriff that the prostitute is eligible for a work card. The sheriff must be notified by the licensee if the state medical lab does not issue a certificate of clearance. Each medical certificate of clearance must specify the date of the examination and may be valid for seven days from the date of the certificate. The cost of this review and certification must be paid by the prostitute.

2.    A person who has ever been denied a certificate by the State Health Department may not work as a prostitute in any licensed operation until that person has received and presented to the brothel a certificate of clearance from the state stating that the cause or causes which resulted in the denial of the certificate have been cured and that the person is now free of a sexually transmitted infection or other contagious or infectious sexually transmitted disease (“STD”).

D.    Seizure of Work Card. Upon receiving information that a prostitute is afflicted with an infectious or contagious STD or has not obtained a current medical examination, or is no longer entitled to a work card, the sheriff must immediately seize any work card previously issued. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.220 Work card registration required.

A.    It is unlawful for any person to work as an independent contractor or be employed or for a licensee to employ or allow a person on the premises of a licensed operation, unless the person is the holder of a valid current work card issued by the sheriff. Customers of the brothel are exempt from this requirement.

A prostitute who has submitted an application to the sheriff’s office but who has not yet received a medical clearance may remain on the premises of the brothel, segregated from any customer contact areas, for up to forty-eight hours as they complete the medical clearance and work card application process. It is the sole responsibility of the owner or general manager to ensure that all the prostitutes awaiting results and residing at the brothel do not engage in any type of sexual activity until the sheriff issues a work card.

B.    A work card application must include:

1.    The applicant’s name, all current and former names and aliases, age, address, social security number, physical description, and current picture identification. Forms of acceptable identification are a state issued Real ID or an ID that meets I-9 requirements;

2.    A full set of fingerprints of the worker;

3.    Complete employment record of the worker for the preceding three years;

4.    All addresses of the worker for the preceding three years;

5.    A complete criminal record of the worker, including all convictions, except minor traffic violations, such list to include a statement of each offense, the place of its occurrence, and the date of its occurrence;

6.    A complete sheriff’s routine child support information form;

7.    A waiver of release of medical information allowing the medical facilities and doctors to provide to the county the results of the referred medical examination and tests of prostitutes; and

8.    An authorization to conduct an investigation into the worker’s criminal history.

C.    The sheriff must investigate, through all available means, the accuracy of all information supplied by any applicant on the registration form.

D.    The sheriff may issue a work permit after an investigation and the determination that the applicant meets the work permit requirements.

E.    The sheriff may issue a revocable temporary work permit for up to one hundred twenty days after the applicant has submitted an application with proof of medical clearance and paid all required application fees.

F.    The sheriff may deny a work card to any person who is under the age of eighteen or has ever been convicted of a felony offense, irrespective of jurisdiction, or for lesser crimes involving:

1.    A misdemeanor possession or use of a controlled substance within the last three years;

2.    Theft, embezzlement, or misappropriation of funds;

3.    Violence or the use of any deadly or dangerous weapon;

4.    Any crime involving the illegal use of firearms;

5.    Petty theft or shoplifting within the last year; or

6.    Willfully making any false statement or omission in the registration form required by subsection A of this section.

G.    The sheriff or his designee will have the authority to deny or revoke the work card of a prostitute or any other employee who does not qualify under this chapter or who is found to be otherwise violating the Storey County Code or Nevada state law. The person whose work card has been denied or revoked may file an appeal with the board within thirty calendar days from the date in which the work card was denied or revoked.

H.    The work card may be issued for not more than twelve months and must be renewed annually.

I.    Except as provided in subsection J of this section, all work cards are site specific, and must be renewed each time an employee changes places of work.

J.    All employees must maintain a current work card with the operator of a licensed brothel and the licensee is required to maintain a work card for each employee. The work card must be kept on premises and available for inspection at all times. A prostitute may change place of work between two licensed operations under the same ownership by having brothel management notify the sheriff of the proposed change.

K.    A prostitute or bartender of a licensed operation may not possess more than one work card at any given time.

L.    A bartender, general manager, maid, or maintenance employee may not engage in acts of prostitution.

M.    Tradesmen or vendors who service the property or facilities periodically are not required to obtain work cards, as long as they are not employees of the brothel. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.230 Violations by employee--Effect on registration and work card.

A.    In addition to criminal penalties provided in this chapter, any employee of any licensed operator convicted of violating any section of this chapter or any regulation promulgated by the board or sheriff’s office will have his or her work card immediately revoked by the sheriff. Upon revocation the person holding the work card must return it to the sheriff.

B.    Unauthorized Persons. It is unlawful for any licensed operation to allow persons on the premises except for the owners, licensed employees, working prostitutes, potential customers, authorized emergency, medical, county agents, employees or others with legitimate reason to be on the premises for nonprostitution-related matters. No business or social organization may conduct official business meetings in a brothel. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 09-227, § 1, 12-15-2009)

5.16.240 Violations--Criminal penalty.

In addition to penalties provided regarding revocation of licenses and work cards, any person violating any provision of this chapter is guilty of a misdemeanor. (Ord. No. 14-261, § I, 3-17-2015; Ord. No. 13-249, § I, 10-1-2013; Ord. No. 09-227, § 1, 12-15-2009)


1

Ord. No. 09-227, § 1, adopted December 15, 2009, amended Chapter 5.16 in its entirety to read as herein set out. Former Chapter 5.16, §§ 5.16.010--5.16.240, pertained to similar subject matter, and derived from Ord. 166 (part), 2000; Ord. 182 § 2, 2003; Ord. 183, 2003; Ord. No. 08-216, § 1, 9-2-2008; Ord. No. 08-217, § 1, 9-2-2008.