5.36.070 - Licensing Conditions.
The City may impose conditions as prerequisites to the issuance of a license by the City. The conditions which may be imposed pursuant to the City's general police power for the protection of health, safety and property of local residents and persons attending assemblies in the City, include, but are not limited to, the following:
A. Police Protection. Every licensee shall employ, at his own expense, police protection. The number and type of officers shall be determined and specified by the Chief of Police to provide for the preservation of order and protection of property in and around the place of the assembly. Funds to employ this specified number of peace officers at the current hourly salary rate for a City policeman shall be deposited with the City at least ten (10) days prior to the specified date the activity is to occur. A minimum of one peace officer for every two hundred fifty (250) people expected to be in attendance shall be required. Where the Chief of Police specifies the employment of off-duty peace officers to meet the requirements of this chapter, said peace officers shall be under the complete direction and control of the Chief of Police. The Chief of Police must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued.
B. Water Facilities.
1. Location of water facilities on the premises must be approved by the City Utility Department prior to issuance of a license.
2. All water shall meet United States Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the Southern Nevada Health District. Sewage and drainage systems relating to such facilities shall be subject to the prior approval of the Southern Nevada Health District and the Director of Public Works.
C. Food Concessions.
1. Where the proposed assembly is to be held a substantial distance from public eating places, food handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance.
2. Concessionaires must be licensed and operate under a valid Health District permit pursuant to local ordinances and State laws. Every licensee shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the County Health Officer.
3. Under no circumstances shall the County Health Officer allow such flush-type water closets and lavatories to be located more than fifty (50) feet from concession or operation. All lavatories required in conjunction with food concessions and food operations shall be provided with hot and cold water under pressure which shall be dispensed by an approved type mixing faucet. All sewage, sink waste, and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of by a public sewer or a sewage disposal system as approved by the County Health Officer and the Director of Public Works.
D. Sanitation Facilities Required.
1. Where flush-type water closets cannot be made available for the persons in attendance, the Southern Nevada Health District may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the Southern Nevada Health District before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee's expense as necessary pursuant to procedures established by the Southern Nevada Health District. Every licensee shall he required to furnish at least one trash can of thirty-six (36) gallon capacity with a tight fitting lid for each twenty-five (25) persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided and each container shall at all times have a plastic bag liner inserted and when full it shall be tied, removed and a new plastic bag liner inserted. The pick up and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the Southern Nevada Health District. A signed contract with a licensed refuse collector shall be submitted to the Southern Nevada Health District. Removal of all trash and refuse shall be at the licensee's expense.
E. Medical Facilities.
1. Where a proposed assembly is expected to attract a large number of persons for a site located a substantial distance from adequate existing medical treatment facilities the applicant shall be required to provide emergency medical treatment facilities on the premises of the assembly.
2. Where the proposed assembly is located close to adequate existing facilities, the applicant shall provide as required by the Southern Nevada Health District, emergency treatment facilities on the premises of the assembly.
3. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on- and off-site treatment facilities.
F. Parking Areas.
1. Every licensee shall provide adequate parking space that meets the requirements of the City Zoning Ordinance, for persons attending the assembly by motor vehicle.
2. Persons desiring to operate or conduct an assembly may be called upon to provide a separate parking space for every two persons expected to attend the festival by motor vehicle. Such individual parking spaces shall be in accordance with the Zoning Ordinance, Title 17 of this Code. The Directors of Land Development and Community Services and of Public Works must approve an applicant's "parking plan" before a license shall be issued.
3. The parking area must meet the Clark County air pollution control regulations and requirements, and the applicant may need to obtain permits if required.
G. Access and Parking Control.
1. Every licensee shall provide adequate ingress and egress to assembly premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to ensure orderly flow of traffic into the premises from a highway or road which is a County road or highway or which is a highway maintained by the State of Nevada. A special accessway for fire equipment, ambulances and other emergency vehicles may be required.
2. Additionally, any applicant may be required to show that traffic guards are under his employ to ensure orderly traffic movement and relieve traffic congestion in the vicinity of the assembly.
H. Hours of Operation. All assemblies which are subject to license under this chapter shall close and cease operation continuously between 12:00 a.m. and 6:00 a.m. of each and every day.
I. Illumination. Every licensee planning to conduct an assembly at dusk, or planning to allow persons who attend the assembly to remain on the premises after dusk, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times and create adequate visibility and safety at night as determined by the City.
J. Overnight Camping Facilities. Every licensee authorized to allow persons who attend the assembly to remain on the premises overnight, shall provide camping facilities and overnight areas approved by the Southern Nevada Health District and Directors of Land Development and Community Services and of Public Works prior to the issuance of any license.
K. Bonds.
1. Each licensee shall be required to post an indemnity bond and/or a performance bond in favor of the City in connection with the operation of an assembly. Bonds required by this chapter must be approved by the City Attorney prior to the issuance of a license. An applicant shall be required to submit a surety bond written by a corporate bonding company authorized to do business in the State of Nevada in a penal amount determined by the City Council. The bond shall indemnify the City, its agents, officers, servants and employees and the City Council, against any and all loss, injury, and damage of any nature whatsoever arising out of, or in any way connected with said assembly, and shall indemnify against loss, injury and damage to both person and property.
2. Additionally, the City shall demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the State of Nevada, indemnifying the City and the owners of property adjoining the assembly site for any costs necessitated for cleaning up and/or removing debris, trash, or other waste from, in, and around the premises. The bond shall be in an amount determined by the City Council.
3. If the event is commercially motivated or if any type of admission whatsoever is collected, the person operating, maintaining, prompting or conducting the event shall be required to file with the Director of Business License, a surety bond running to the City in an amount equal to the expected gross receipts from ticket sales. The surety bond shall guarantee the performance of the licensee to any person who has paid money for admittance to the event. If such performance is not substantially completed, the people who paid money for admittance shall be reimbursed.
L. Fire Protection. Every licensee shall provide at his own expense adequate fire protection as determined by the Fire Department. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Chief. First aid fire extinguishment equipment shall be provided as directed by the Fire Chief.
M. Financial Statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promotors and/or applicants to meet the conditions of the permit.
N. Communication. Licensee shall be required to establish a communication system for public use where ordinary communications are not available.
O. Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct an assembly which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending an assembly.
(Ord. 678 § 9, 1981: prior code § 3.50.070) (Ord. No. 2990, § 5, 9-18-2019)
