Chapter 5.36


5.36.010    Definitions.

5.36.020    License required.

5.36.030    License application—Contents.

5.36.040    License valid for one festival.

5.36.050    Grounds for license denial.

5.36.060    License denial—Notice.

5.36.070    License revocation.

5.36.010 Definitions.

As used in this chapter:

“Carnival” includes any traveling business providing commercial entertainment consisting of sideshows, concessions, rides, games of chance and other amusements.

“Circus” includes any traveling business providing commercial performances by acrobats, trained animals, clowns, jugglers and others within a tent or arena.

“Festival” includes a program of culture or entertainment. (Ord. 12-16-85A § 1(8.1))

5.36.020 License required.

A. It is unlawful for any person to engage in the business of a tent show, carnival, menagerie, zoo or circus without first securing a license therefor. All county tent shows and circus licenses shall be issued in accordance with NRS 244.340, which shall be in addition to any license required in the city of Winnemucca.

B. The license requirement may be waived if the event in question is sponsored by a local civic organization and such waiver is requested by the organization in writing at the time of making application. (Ord. 12-16-85A § 1(8.2))

5.36.030 License application—Contents.

The application shall contain the following information:

A. The name, age, residence and mailing address of the person making the application;

B. A statement of the kind, character or type of festival which the applicant proposes to conduct, operate or carry on;

C. The address or legal description of the place where the proposed festival is to be conducted, operated or carried on;

D. The date or dates and the hours during which the festival is to be conducted; and

E. An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted. (Ord. 12-16-85A § 1(8.3))

5.36.040 License valid for one festival.

A license issued for an outdoor festival shall be valid only for the festival authorized and not for any other festival. (Ord. 12-16-85A § 1(8.4))

5.36.050 Grounds for license denial.

Issuance of a license may be denied for the following reasons:

A. That the proposed entertainment will be conducted in a manner and/or location not meeting the health, zoning, fire or building and safety standards established by county ordinances or state laws;

B. That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for a license;

C. That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, or having a financial interest, has previously conducted or been interested in the type of festival being applied for which resulted in the creation of a public or private nuisance;

D. That the applicant, his employee, agent or any person associated with the applicant as a partner, director, officer, stockholder, associate or manager, or any person having a financial interest, has been convicted in a court of competent jurisdiction by final judgment of an offense:

1. Involving the presentation, exhibition or performance of an obscene production, motion picture or place, or of selling obscene matter,

2. Involving lewd conduct,

3. Involving the use of force and violence upon the person of another,

4. Involving misconduct with children,

5. Which was, where committed, or would in Nevada be, a felony; or

6. Involving illegal use of controlled substances or dangerous drugs. (Ord. 12-16-85A § 1(8.5))

5.36.060 License denial—Notice.

Where the application is denied, the county clerk shall mail to the applicant written notice of denial, which notice shall include a statement of the reasons the application was denied. (Ord. 12-16-85A § 1(8.6))

5.36.070 License revocation.

The county clerk has the power to revoke any license or to revoke and reinstate any license upon suitable conditions when any of the following causes exists:

A. The licensee fails, neglects or refuses to pay the fee prescribed;

B. The licensee, his employee or agent fails, neglects or refuses to fulfill any or all of the conditions imposed or to maintain facilities required;

C. The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the county or the laws of the State of Nevada;

D. The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor or any controlled substance or dangerous drug. (Ord. 12-16-85A § 1(8.7))