Chapter 5.12
SALE OF ALCOHOLIC BEVERAGES

Sections:

ARTICLE I. LICENSING PROCEDURES

5.12.010    Application--Accompanying data.

5.12.020    Application--Form.

5.12.030    Application--Investigation period.

5.12.040    Transferability of license.

5.12.050    Abandonment of license.

5.12.060    Location of establishments limited.

5.12.070    Hours of sale.

5.12.080    Minors--Employment and service prohibitions.

ARTICLE II. TYPES OF LICENSES

5.12.090    Regular license--Conditions.

5.12.100    Service bar license.

5.12.110    Special events license.

5.12.120    Amended license.

5.12.130    Temporary license.

5.12.140    Supplemental license.

5.12.150    Supper club or dinner house license.

5.12.160    Off-sale license.

ARTICLE III. VIOLATION PENALTY

5.12.170    Misdemeanor.

ARTICLE I. LICENSING PROCEDURES

5.12.010 Application--Accompanying data.

All new applicants for a liquor license, authorizing the sale of all alcoholic beverages on or off the premises, within the county, shall provide the county liquor license board with the following:

A.    Proof of financial standing to warrant an expected satisfactory and profitable business operation;

B.    A complete background as to the applicant’s criminal record and experience in the saloon or liquor vending business;

C.    A one thousand dollar nonrefundable investigative fee, unless otherwise specific in this chapter, with the annual fee as set forth in Chapter 5.04 of this title.

D.    An authorization to conduct an investigation into the applicant’s criminal history and an authorization signed by the applicant for the submission of the applicant’s fingerprints to the Federal Bureau of Investigations for a National Background check. The licensing authority shall fingerprint the applicant and shall submit a complete set of the applicant’s fingerprints, in accordance with the applicant’s authorization, to the Central Repository for Nevada records of criminal history and to the Federal Bureau of Investigations as authorized by NRS 239B.010(1)(a). (Ord. 83 § 1, 1983) (Ord. No. 08-215, § 1, 9-2-2008)

5.12.020 Application--Form.

A.    All applications shall be on forms as provided by the county liquor board and sheriff’s department and all information of a personal nature shall be kept confidential.

B.    Separate applications shall be provided for each type of license requested.

C.    No separate beer and wine license shall be issued, but off-sale liquor licenses may be issued as provided by ordinance. (Ord. 83 § 9, 1983)

5.12.030 Application--Investigation period.

A.    Application for a new license may be submitted and considered for first reading following a thirty-day investigative period. Additional investigative time may be taken by the licensing authorities, if required.

B.    New applicants may not operate until all inspections are completed and licenses approved. (Ord. 83 § 3, 1983)

5.12.040 Transferability of license.

Liquor licenses are not transferable except as provided in Article II of this chapter. (Ord. 83 § 5, 1983)

5.12.050 Abandonment of license.

A.    A liquor licensee shall be deemed to have abandoned his liquor license if he fails to have his establishment open for business for a continuous period of six months during any one fiscal year.

B.    Abandonment shall not occur until notice and hearing by the liquor board, and the licensee has the opportunity to be heard.

C.    No license shall be deemed abandoned if the closure was beyond the control of the licensee.

D.    No new license shall be issued when the licensee abandons his liquor license until a period of one year from the date the liquor board declares the license abandoned. (Ord. 83 § 4, 1983)

5.12.060 Location of establishments limited.

Issuance of regular full licenses shall be limited to C Street in Virginia City, and Gold Hill’s Main Street, in those communities, except by special application to the liquor board. (Ord. 83 § 6, 1983)

5.12.070 Hours of sale.

Liquor may be sold by a licensee, twenty-four hours a day, seven days a week. (Ord. 83 § 7, 1983)

5.12.080 Minors--Employment and service prohibitions.

The employment of or service to persons under the age of twenty-one years, in the sale and disposition of alcoholic beverages is prohibited. (Ord. 83 § 8, 1983)

ARTICLE II. TYPES OF LICENSES

5.12.090 Regular license--Conditions.

A.    Each licensee shall be required to have a regular license issued by the county, subject to the following conditions:

1.    Only one contiguous location in a building for each bar license;

2.    Bar designed for full service to individual customers and/or service bar;

3.    Additional bars in the same location require additional licenses. No investigative fee or detailed application is required;

B.    A regular liquor license is required before any application for any other type of liquor license may be submitted, except temporary liquor licenses or off-sale liquor licenses. (Ord. 83 § 2A, 1983)

5.12.100 Service bar license.

A service bar liquor license may be issued under the following conditions:

A.    Regular liquor license required;

B.    Service for additional area, such as dining area;

C.    Service only to employees for delivery to customers;

D.    No sitdown and additional service at service bar;

E.    Service bar must be in the same premises as the regular liquor license;

F.    Payment of additional annual license fee. (Ord. 83 § 2B, 1983)

5.12.110 Special events license.

Excluding charitable or nonprofit events, a special events liquor license may be issued subject to the following conditions:

A.    Regular liquor license required;

B.    To be issued for the purpose of a portable bar for customers and/or employee service for holidays and special occasions only, within the same building or in another location upon approval of the liquor board;

C.    Valid for a period of three days only;

D.    Payment of additional fee of ten dollars. (Ord. 83 § 2C, 1983)

5.12.120 Amended license.

An amended liquor license is one issued after an application is made for the purpose of modifying and amending the person or legal entity who or which holds an existing liquor license subject to the following conditions:

A.    Findings of acceptability of new applicants;

B.    Payment of nonrefundable investigative fee of five hundred dollars per applicant;

C.    Only the following persons or entities are entitled to apply for amended liquor licenses:

1.    Addition of new partners or change of corporate officers or directors of licensee,

2.    Where new applicant is a member or members of the immediate family of a licensee who cannot continue operating the business due to death, incompetency, retirement or other similar disability of present licensee;

3.    Definition of "immediate family" of a licensee, shall be one or more of the following: surviving spouse, son, daughter, mother or father,

4.    Transfer is not to exceed fifty percent ownership. (Ord. 83 § 2D, 1983)

5.12.130 Temporary license.

A temporary liquor license may be issued for the purpose of continuing an existing business during the period in which a liquor license application has been made, and prior to its approval or disapproval. No additional fee shall be required. (Ord. 83 § 2E, 1983)

5.12.140 Supplemental license.

A.    Any licensee may apply for a supplemental liquor license for an additional full bar to be operated in the same building in conjunction with another full bar license. No investigation fee or detailed application shall be required.

B.    Payment of an additional annual regular license fee is required. (Ord. 83 § 2F, 1983)

5.12.150 Supper club or dinner house license.

A regular liquor license may be issued to an applicant where the primary purpose of the business is the operation of a supper club or dinner house upon application and payment of required fees. The determination of the nature of the business and necessity for the liquor license in conjunction therewith, shall be made after a hearing set by the county liquor board. (Ord. 83 § 2G, 1983)

5.12.160 Off-sale license.

An off-sale liquor license may be issued upon application provided:

A.    An investigative fee is paid as required by this chapter;

B.    An application is made and the fee required by Chapter 5.04 of this title is paid;

C.    The off-sale liquor shall not be consumed on the premises of licensee. (Ord. 83 § 2H, 1983)

ARTICLE III. VIOLATION PENALTY

5.12.170 Misdemeanor.

A violation of any provision of this chapter is a misdemeanor. (Ord. No. 13-249, § I, 10-1-2013; Ord. 83 § 11, 1983)