§ 6.06B.110 — Revocation of license

6.06B.110 - Revocation of license.

(A) The City Council shall not act to revoke or suspend an adult nightclub license until after: (1) The licensee is given at least ten days written notice of the specific charges; (2) A hearing is held before the City Council at which time the licensee may present such evidence and defense as may bear upon the question. (B) The adult nightclub license shall be revoked or suspended if the licensee maintains or conducts business in any building or structure which is structurally unsafe, or does not provide adequate egress, or which constitutes a fire hazard, or which is otherwise dangerous to human life or safety, or which in relation to existing use constitutes a hazard to safety or health, or public welfare, by reasons of inadequate maintenance, dilapidation or obsolescence. (C) The adult nightclub license shall be revoked or suspended if the licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any semiannual report required to be filed with the Department (LVMC 6.06B.100) or record required to be kept for three years (LVMC 6.06B.100) or knowingly caused or suffered another to furnish such false, misleading or fraudulent information or withhold such required information on his, her or its behalf. (D) Any license issued pursuant to this Chapter may be revoked or suspended upon a finding that the licensee, its agent, employee, attendant, server, partner, director, officer, stockholder, manager or person exercising managerial authority of or on behalf of the licensee has: (1) Committed an act for which the licensee is convicted or found guilty or liable in any court subsequent to the filing of an application for a license, of a felony or any crime involving moral turpitude, fraud, deception, false pretenses, misrepresentation, false advertising, prostitution, solicitation of prostitution, aiding and abetting an act of prostitution as defined in LVMC 10.36, violation of NRS 201.255 or 47 U.S.C. 233, pandering, crime related to racketeering, or racketeering activity or racketeering enterprise as defined in NRS 207.360, et seq., or dealing controlled substances; (2) Provided sexual stimulation or offer to provide acts of sexual conduct to a patron of the adult nightclub establishment; (3) Failed to file, or files a false, misleading or incomplete report required by this Chapter to be filed, or files such report thirty or more days after the due date; (4) Violated any regulation set out in this Chapter; (5) That the licensee has conducted or advertised an adult nightclub under a fictitious name which is unlicensed pursuant to this Chapter; (6) Published, uttered, disseminated or conveyed either publicly or privately, to an individual any false, deceptive or misleading statements or advertisements in connection with the operation of the licensed business pursuant to this Chapter; (7) Committed any act constituting dishonesty or fraud, or committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting the licensed business; or (8) Advertised through any publication, dissemination or display whether by hire, contract or otherwise directly or indirectly in any newspaper, magazine or other publication, by any radio, television, telephone or pictorial display, publication, handbill or other advertising media which depicted any person or object or which contained any statement which suggested to a reasonable, prudent person that prostitution or any other illegal act, service or product was offered or provided; (9) Otherwise violated any provision of this Chapter. The fact that the licensee shall post notices disclaiming prostitution and/or alcoholic beverage sales does not excuse any charge of any of the above listed acts if an implication or expression that sexual stimulation is provided or an expression that alcoholic beverage is sold is more convincing than such notice or disclaimer. (E) In the event the adult nightclub establishment license is suspended or revoked, except for building or fire code violation, the license suspension or revocation shall be stayed for five working days from the date of the written notice to the licensee for the licensee to seek judicial review. The licensee may waive the stay provision in writing, or the City may seek sooner to enforce the suspension or revocation by filing in the district court a petition for judicial review as provided by NRS 43.100 or by seeking alternative relief pursuant to Chapter 34 of NRS.

(Ord. 5998 § 47, 2008: Ord. 3917 § 2 (part), 1995)