PRIVILEGED BUSINESSES—SPECIAL REQUIREMENTS

Las Vegas Municipal Code tit. 6, ch. 6.06

in effect

Las Vegas Municipal Code § 6.06.010 Applicability.

6.06.010 - Applicability. (A) Except as otherwise specifically provided in this Chapter or another chapter of this Title regarding license issuance, denial, license condition, or appeals, the provisions of this Chapter apply to those businesses which are found by the City Council to require a high degree of supervision and to more seriously affect the economic, social and moral well-being of the City and its residents. These businesses have been commonly referred to as "privileged" and require specific consideration for approval of a license for the business by an approving authority, and specific consideration for approval of the suitability of the principals by an approving authority. (B) For purposes of this Chapter, the term "approving authority" means: (1) The Director, for licenses and suitability determinations for principals issued under the provisions of Chapters 6.06A, 6.06B, 6.12, 6.14, 6.18, 6.35, 6.47, 6.50, 6.51, 6.53, 6.55, 6.69, 6.74, 6.82 and 6.84; and (2) The City Council, for all other categories. (Ord. No. 6806, § 43, 4-6-22; Ord. No. 6388, § 1, 12-17-14; Ord. No. 6213, § 1, 9-5-12; Ord. 6036 § 1, 2009: Ord. 2187 § 1 (part), 1981: prior code § 5-4-1 (A))

Las Vegas Municipal Code § 6.06.020 Conformance with other business-license provisions.

6.06.020 - Conformance with other business-license provisions. Businesses governed by this chapter must also comply with the provisions of LVMC Chapter 6.02, except to the extent superseded by, or inconsistent with, the provisions of this Chapter or LVMC Chapter 6.50. (Ord. No. 6806, § 44, 4-6-22; Ord. 2187 § 1 (part), 1981: prior code § 5-4-1 (B))

Las Vegas Municipal Code § 6.06.030 License application—Content.

6.06.030 - License application—Content. (A) The application for a license must provide: (1) The applicant's prior business activities and business associations covering at least the ten-year period immediately preceding the date of filing the application; (2) Any persons that constitute the current or proposed ownership structure of the business, any and all sources of funding used for the initial capitalization of the business and any and all sources of funding used for its ongoing operations. As used in this subsection, the term "sources of funding" includes, but is not limited to, loans, lines of credit, gifts, proceeds from sale of tangible or intangible property (including equity in the business), personal funds or any other source, whether provided by the applicant, another natural person or any corporate entity. (3) The name, address and job description of each person who is to be actively engaged in the administration or supervision of the business to be licensed. (4) The name and address of each principal. (B) If requested by the Department in accordance with a written policy established by the Director, the applicant's present and past financial position and history must be provided on the application covering at least the ten-year period immediately preceding the date of filing the application. (C) The applicant shall agree in writing that, if a license is granted, the applicant will accept the license subject to all of the terms and provisions of this Title and that the license is a privilege conferred upon the person who is granted the license. (D) The applicant shall authorize the City in writing to obtain information from criminal justice agencies, financial institutions, Federal, State and local governments and agencies, and other persons and entities and shall consent in writing to the release of such information to the City for use in connection with the application for the license and other City business regulations. The applicant shall also sign a release of claims and hold-harmless agreement to the City for its use of the information provided by the applicant or discovered during any investigation thereof. (Ord. No. 6233, § 2, 1-23-13; Ord. 2187 § 1 (part), 1981: prior code § 5-4-2 (A, B))

Las Vegas Municipal Code § 6.06.040 License application—Confidentiality.

6.06.040 - License application—Confidentiality. Information showing the applicant's finances, net worth, earnings or revenues which is submitted as a part of the application for a license shall be treated as confidential except as follows: (A) In the ordinary course of the administration of this Chapter; (B) Pursuant to a subpoena or other order of a court of competent jurisdiction; (C) Release to a duly authorized agent of any governmental agency acting pursuant to the agency's authority and function. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-2 (C))

Las Vegas Municipal Code § 6.06.050 Reserved.

Las Vegas Municipal Code § 6.06.051 Temporary license—Purpose.

6.06.051 - Temporary license—Purpose. (A) At the request of an applicant, the Director may grant a temporary license, effective for a period not to exceed ninety days, pending final action regarding a license application in order for the license approval authority to determine: (1) The applicant's fitness for a license; and (2) The appropriateness of the applicant's business location. As an alternative to issuance of a temporary license administratively, the Director has the discretion to forward such application to the City Council for consideration of a temporary license at the next City Council meeting that is available pursuant to the open meeting law notice requirements of NRS Chapter 241. (B) A temporary license shall not be granted under this Section unless: (1) All principals required to be approved for suitability have submitted a complete investigation packet for determination of suitability and paid all applicable fees; (2) The Director, or the City Council, if considering the temporary license application, makes a preliminary finding that all of the principals of the business are suitable; and (3) The applicant has submitted a completed and accurate license application and has paid a non-refundable temporary license processing fee, in addition to all other required application fees. The amount of the temporary license processing fee shall be: (a) Two hundred fifty dollars, for licenses issued under the provisions of Chapters 6.47 and 6.69; and (b) Five hundred dollars, for all other categories. (Ord. No. 6288, § 11, 11-20-13; Ord. No. 6262, § 1, 8-7-13; Ord. No. 6047, § 7, 7-15-09; Ord. 6036 § 2, 2009: Ord. 5998 § 27, 2008: Ord. 5517 § 3, 2002)

Las Vegas Municipal Code § 6.06.052 Temporary license—Extension.

6.06.052 - Temporary license—Extension. (A) Prior to the expiration of a temporary license issued under LVMC 6.06.051, the temporary license may be extended by the license approval authority for an initial extension period of not to exceed six months. (B) The license approval authority may grant one additional extension of a temporary license for a period not to exceed six months. (C) When granting a temporary license or extension thereof, the license approval authority may impose any special conditions and restrictions deemed appropriate. (Ord. 6036 § 3, 2009: Ord. 5517 § 4, 2002)

Las Vegas Municipal Code § 6.06.053 Temporary license—Compliance.

6.06.053 - Temporary license—Compliance. During a temporary licensing period the applicant shall comply with any requirement imposed by this Code, or other local, State or Federal law or regulation and any special conditions and restrictions imposed by the license approval authority. (Ord. 6036 § 4, 2009: Ord. 5517 § 5, 2002)

Las Vegas Municipal Code § 6.06.054 Temporary license—Suspension.

6.06.054 - Temporary license—Suspension. (A) The Director shall summarily suspend an applicant's temporary license if any of the reasons stated at LVMC 6.02.330 through 6.02.350 as good cause for disciplining a licensee apply to an applicant or any of its principals. (B) The Director may summarily suspend an applicant's temporary license if the applicant or any of its principals is in violation of any condition of approval pursuant to the temporary license, requirement of this Code, or other local, State or Federal laws or regulations not covered by the provisions of LVMC 6.02.330 through 6.02.350. (Ord. No. 6262, § 2, 8-7-13; Ord. 5517 § 6, 2002)

Las Vegas Municipal Code § 6.06.055 Temporary license—City Council review.

6.06.055 - Temporary license—City Council review. (A) As soon as the open meeting notice requirements of NRS 241.034 will permit, the Director shall seek City Council review of his or her decision suspending a temporary license. (B) The hearing shall be conducted in accordance with the provisions of LVMC 6.88.090. (C) Following the hearing, the City Council shall revoke or reinstate such temporary license subject to any additional conditions and restrictions the City Council deems appropriate. (Ord. 5517 § 7, 2002)

Las Vegas Municipal Code § 6.06.056 Temporary license—Denial.

6.06.056 - Temporary license—Denial. The City Council's revocation of an applicant's temporary license for cause shall also be deemed a denial of the applicant's privileged license application. (Ord. 5517 § 8, 2002)

Las Vegas Municipal Code § 6.06.060 Suitability approval—Required of each principal.

6.06.060 - Suitability approval—Required of each principal. Each principal must be approved for suitability in order to be associated with a business subject to this Chapter. The Director shall consider the suitability of each principal for licenses issued under the provisions of Chapters 6.06A, 6.06B, 6.12, 6.14, 6.18, 6.35, 6.47, 6.51, 6.53, 6.69, 6.74 and 6.84, and the City Council shall consider the suitability of each principal for all other categories of privileged license. (Ord. No. 6213, § 2, 9-5-12; Ord. 2187 § 1 (part), 1981: prior code § 5-4-3 (A))

Las Vegas Municipal Code § 6.06.070 Suitability approval—Application contents.

6.06.070 - Suitability approval—Application contents. (A) The application for approval for suitability shall be filed with the Department on forms acceptable to the Department. The applicant shall furnish all the information required by the Department, covering at least the ten-year period immediately preceding the date of filing the application, including but not limited to, the following: (1) The applicant's personal and family history; (2) If requested by the Department in accordance with a written policy established by the Director, the applicant's present and past financial position and history; (3) The applicant's criminal history and civil and administrative litigation history; (4) The applicant's education, training, employment, business and professional history; and (5) The applicant's past and proposed affiliation with the licensee. (B) The Department is authorized to require disclosure of any information that reasonably relates to the applicant's qualification, acceptability or fitness for an approval for suitability. (Ord. No. 6233, § 3, 1-23-13; Ord. No. 6155, § 2, 8-3-11; Ord. 2187 § (part), 1981: prior code § 5-4-3 (B))

Las Vegas Municipal Code § 6.06.075 Suitability approval—Requirements.

6.06.075 - Suitability approval—Requirements. (A) In the case of suitability approvals related to license applications under LVMC Chapter 6.50, the Director has the discretion to apply this Section in lieu of requirements of this Chapter regarding suitability that otherwise would apply. (B) Pursuant to this Section, an applicant for suitability approval must: (1) Provide the applicant's prior business activities and business associations covering at least the ten-year period immediately preceding the date of filing the application. (2) Provide the name and address of any persons that constitute the current or proposed majority ownership structure of the business. (3) Provide the name, address and job description of each person who is to be actively engaged in the administration or supervision of the business to be licensed. (4) Provide the applicant's criminal history. (5) Agree in writing that, if a license is granted, the applicant will accept the license subject to all of the terms and provisions of this Title and that the license is a privilege conferred upon the person who is granted the license. (6) Sign a release of claims and hold-harmless agreement to the City for its use of the information provided by the applicant or discovered during any investigation thereof. (7) Sign and verify the application under oath. (C) Pursuant to this Section, an applicant for suitability approval shall submit to fingerprinting and photographing and shall authorize the City in writing to obtain information from criminal justice agencies, and Federal, State and local governments and agencies, and shall consent in writing to the release of such information to the City for use in connection with the application for the license and other City business regulations. (D) Pursuant to this Section, the Director may determine not to refer a license application to Metro for suitability investigation if the applicant has been investigated by and approved for a gaming license by the Nevada Gaming Commission for the same business at the same location as the alcoholic beverage license application. (Ord. No. 6806, § 45, 4-6-22)

Las Vegas Municipal Code § 6.06.080 Suitability approval—Application completion—Identification and release requirements.

6.06.080 - Suitability approval—Application completion—Identification and release requirements. (A) The application must be signed and verified by the applicant under oath. (B) The applicant shall submit to fingerprinting and photographing, shall authorize the City in writing to obtain information from the past and present employers, criminal justice agencies, financial institutions, Federal, State and local governments and agencies, and other persons and entities, and shall consent in writing to the release of such information to the City for use in connection with the application for approval for suitability and other City business regulations. The applicant shall also sign a release of claims and a hold harmless agreement to the City for its use of the information provided by the applicant or discovered during any investigation thereof. (C) Each applicant for a license within the following categories shall be subject to the provisions of Subsection (D) of this Section: (1) Adult nightclub establishment; (2) Alcoholic beverage; (3) Electronic security services; (4) Erotic dance establishment; (5) Gaming; (6) Ice cream truck; (7) Locksmith and safe mechanic; (8) Massage establishment; (9) Cannabis establishment; (10) Pawnbroker; (11) Psychic arts; (12) Reflexology; (13) Secondhand dealer; (14) Smoke shop; and (15) Teenage dancehall or teenage nightclub. (D) In the case of the license categories listed in Subsection (C) of this Section, applicants are required to submit to fingerprinting for purposes of a fingerprint check through the Federal Bureau of Investigation (FBI). In each such case: (1) A complete set of fingerprints will be taken and will be forwarded to the Central Repository for Nevada Records of Criminal History. (2) The Central Repository for Nevada Records of Criminal History is authorized to submit the fingerprints to the FBI for its report and to exchange fingerprint data with the FBI. (3) The purpose for the submission of fingerprints is to allow for a State and Federal criminal records investigation regarding the applicant to determine suitability for licensing relative to the specified type of business. (E) The provisions of Subsections (C) and (D) of this Section are adopted under the authority of, and consistent with, NRS 239B.010(1)(a) and Public Law 92-544, and should be read and interpreted in connection therewith. (Ord. No. 6750, § 33, 9-16-20; Ord. No. 6627, § 13, 8-1-18; Ord. No. 6419, § 1, 6-17-15; Ord. No. 6393, § 1, 1-7-15; Ord. No. 6220, § 10, 10-17-12; Ord. No. 6213, § 3, 9-5-12; Ord. No. 6155, § 3, 8-3-11; Ord. 6000 § 2, 2008: Ord. 2187 § 1 (part), 1981: prior code § 5-4-3 (C))

Las Vegas Municipal Code § 6.06.090 Suitability approval—Application confidentiality.

6.06.090 - Suitability approval—Application confidentiality. Information showing the applicant's finances, new worth, or revenues which is submitted as a part of the application for an approval for suitability shall be treated as confidential except as follows: (A) In the ordinary course of the administration of this Chapter: (B) Pursuant to subpoena or other order of a court of competent jurisdiction; (C) Release to a duly authorized agent of any governmental agency acting pursuant to the agency's authority and function. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-3 (D))

Las Vegas Municipal Code § 6.06.100 Fee deposits.

6.06.100 - Fee deposits. Each applicant shall pay the following non-refundable fee deposits at the time of filing an application for a license or approval for suitability with the Department: (A) Two hundred dollars payable to the Department for the investigation of a license application, which amount shall be forwarded to Metro, if the license application is forwarded to Metro for investigation. (B) One hundred fifty dollars payable to the Department for the investigation of an approval for suitability application, which amount shall be forwarded to Metro, if the suitability application is forwarded to Metro for investigation. (C) One hundred dollars payable to the Department for processing an application for a business license or approval for suitability. (Ord. No. 6233, § 4, 1-23-13; Ord. No. 6047, § 8, 7-15-09; Ord. 5998 § 28, 2008: Ord. 3291 § 1, 1987: Ord. 3148 § 1, 1984: Ord. 2187 § 1 (part), 1981: prior code § 5-4-11)

Las Vegas Municipal Code § 6.06.105 Investigation—Applicant's responsibility for costs—Recordkeeping.

6.06.105 - Investigation—Applicant's responsibility for costs—Recordkeeping. (A) Every applicant shall pay the entire cost incurred by the Metropolitan Police Department to complete the investigations required by this Chapter, whether the application is approved or denied. Such costs are a collectible debt due to the Metropolitan Police Department and must be paid in full before licensing. (B) The Metropolitan Police Department or other investigative unit performing investigations under this Chapter shall maintain an accounting of all investigative activity for which the applicant will be billed, including the date, the actual hours expended, description of activity, and the name of the investigator(s) performing same. Such investigative records shall be compiled as the activities are performed and shall be promptly made available to the applicant or the City Council, upon written request. (Ord. 3291 § 2, 1987: Ord. 3148 § 2, 1984)

Las Vegas Municipal Code § 6.06.110 Investigation—Submission to approving authority.

6.06.110 - Investigation—Submission to approving authority. (A) Except as otherwise provided in Subsection (B) or Subsection (C), after receipt of a completed application for a license or approval for suitability, the Director shall refer the application to Metro for investigation. (B) The Director shall have the discretion to not refer a suitability application to Metro if the applicant has been investigated by Metro in connection with licensing or suitability approval within twenty-four months before the application was submitted, or if the Director otherwise determines that such referral is not necessary or appropriate. The discretion afforded the Director in this Subsection shall be exercised in accordance with a written policy established by the Director, and such policy must include the completion of an investigation of the suitability application by the Department prior to the Director exercising discretion to not refer such suitability application to Metro. (C) The Director shall have the discretion to not refer a license application to Metro if the applicant has been investigated by Metro in connection with licensing approval within twenty-four months before the application was submitted, or if the Director otherwise determines that such referral is not necessary or appropriate. The discretion afforded the Director in this Subsection shall be exercised in accordance with a written policy established by the Director, and such policy must include the completion of an investigation of the license application by the Department prior to the Director exercising discretion to not refer such suitability application to Metro. (D) Upon completion of any investigation or a determination made pursuant to Subsection (B) and (C), the Director shall submit the application to the approving authority for action. (E) In the event the approving authority has issued a temporary license pursuant to this Chapter pending an investigation by Metro, the Director may, upon receipt of Metro's completed investigation, submit the application for a license to the approving authority for its action at any time prior to the expiration of the temporary license. (Ord. No. 6233, § 5, 1-23-13; Ord. No. 6155, § 4, 8-3-11; Ord. 5998 § 29, 2008: Ord. 2187 § 1 (part), 1981: prior code § 5-4-5 (A))

Las Vegas Municipal Code § 6.06.120 Action on applications—Grounds for denial.

6.06.120 - Action on applications—Grounds for denial. (A) The approving authority may approve, deny or take such other action with respect to such application as it considers appropriate. The burden of showing qualifications, acceptability or fitness for a license or approval for suitability is upon the applicant. (B) Grounds for denial of a license include, but are not limited to, the grounds for disciplinary action against a licensee as set forth in Section 6.02.330 et seq. and as provided by the provisions of any specifically applicable chapter of Title 6. (C) Grounds for denial of an approval of suitability include, but are not limited to, the grounds for disciplinary actions against a principal approved for suitability as set forth in Sections 6.06.250 and 6.06.260. (Ord. No. 6213, § 4, 9-5-12; Ord. 2187 § 1 (part), 1981: prior code § 5-4-5 (B))

Las Vegas Municipal Code § 6.06.125 Application for approval of suitability.

6.06.125 - Application for approval of suitability. (A) For those license categories that require City Council consideration of suitability, once initial approval for suitability regarding principals of a particular licensee has been granted by the City Council, any subsequent applications for approval for suitability regarding that licensee may be referred by the Director to Metro for investigation. (B) Upon completion of Metro's investigation, if any, the Director may take such action as deemed appropriate, including approval, conditional approval or denial of the application for approval for suitability. (C) An applicant may appeal the decision of the Director in accordance with the provisions of LVMC 6.02.110. (Ord. No. 6213, § 5, 9-5-12; Ord. No. 6155, § 5, 8-3-11; Ord. 5517 § 15, 2002)

Las Vegas Municipal Code § 6.06.130 Waiver of suitability approval—Permitted when.

6.06.130 - Waiver of suitability approval—Permitted when. The Director shall have full discretion to waive for one or more principals the requirement of approval for suitability, provided that at least one principal other than a manager must be subject to the requirement of an approval for suitability. There shall be a presumption in favor of the Director's waiving suitability for principals other than an owner, co-owner or manager. Any principal for whom the requirement has been so waived may later be required at the discretion of the Director to apply and be found suitable in order to continue his or her association with the business. (Ord. No. 6806, § 46, 4-6-22; Ord. No. 6155, § 6, 8-3-11; Ord. 5998 § 30, 2008: Ord. 5517 § 16, 2002: Ord. 2187 § 1 (part), 1981: prior code § 5-4-4(A))

Las Vegas Municipal Code § 6.06.140 Waiver of suitability approval—Effect.

6.06.140 - Waiver of suitability approval—Effect. The grant of a waiver confers no privilege on the person to whom it is granted to do any act permitted by this Chapter to be done only by a licensee or a person approved for suitability, but, rather, the waiver represents only an exemption by the City to the person to whom the waiver is granted from the requirement of applying for approval for suitability. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-4(B))

Las Vegas Municipal Code § 6.06.150 Waiver of suitability approval—Requirements.

6.06.150 - Waiver of suitability approval—Requirements. The Director, in considering whether to waive a principal, may require: (A) Personal identification information; (B) A written request from a managing officer or partner of the business setting forth sufficient information as to the principal's responsibilities and authority with the licensee or proposed licensee; and (C) A one hundred dollar non-refundable waiver fee, payable in advance, for each principal requesting a waiver. (Ord. No. 6047, § 9, 7-15-09; Ord. 5517 § 17, 2002: Ord. 2187 § I (part), 1981: prior code § 5-4-4 (C))

Las Vegas Municipal Code § 6.06.160 Application after adverse action.

6.06.160 - Application after adverse action. Any person whose license or approval for suitability has been denied, cancelled or revoked as part of the City's disciplinary process may not apply for a license or approval for suitability until one year following the effective date of such action. (Ord. 5998 § 31, 2008: Ord. 2187 § 1 (part), 1981: prior code § 5-4-9(A))

Las Vegas Municipal Code § 6.06.170 Job approval requirement is personal requirement.

6.06.170 - Job approval requirement is personal requirement. A person may not act in a capacity where an approval of suitability is required unless he has been approved for suitability. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-9(B))

Las Vegas Municipal Code § 6.06.180 Approval limited.

6.06.180 - Approval limited. A person who has been approved for suitability under a license in connection with a particular job position may exercise only those functions reasonably associated with the particular job position for which he was approved. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-9 (C))

Las Vegas Municipal Code § 6.06.190 Licensee responsibility for required approvals.

6.06.190 - Licensee responsibility for required approvals. A licensee may not employ, allow, permit or suffer to permit a person to exercise any office, authority, control or privilege or perform any act, for the exercise or performance of which a person is required to be approved for suitability, unless such person has been so approved for suitability. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-9(D))

Las Vegas Municipal Code § 6.06.195 Paying tips to taxicab drivers for delivering passengers to licensee's business location unlawful.

6.06.195 - Paying tips to taxicab drivers for delivering passengers to licensee's business location unlawful. (A) It shall be unlawful for any licensee subject to this Chapter or any employee or agent of said licensee to pay any fee, tip, gift, or gratuity of any kind to any taxicab driver for the delivery of any passenger to the business location of the licensee. This Section does not apply to promotional packages or arrangements whereby a licensee pays a tip or gratuity directly to a taxicab company in advance as part of the promotional package or arrangement. (B) Any person who is convicted of violating Subsection (A) of this Section shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars or by imprisonment for a term of not more than six months, or by any combination of such fine and imprisonment. (Ord. 5998 § 32, 2008: Ord. 3179 § 1, 1985)

Las Vegas Municipal Code § 6.06.200 Changes—Duty to report.

6.06.200 - Changes—Duty to report. (A) The applicant has a continuing duty and obligation to notify the Department of additions, deletions, changes or modifications in the information furnished the Department, and this duty continues as long as a valid license or approval for suitability remains in effect. Such notification must be given at least fifteen days in advance of such additions, deletions, changes or modifications where it is possible to do so. Otherwise, notification must be given as soon as possible and in no event later than fifteen days following the addition, deletion, change or modification. (B) The notification required by Subsection (A) shall be in the form of a new business license application filed with the Department. Upon receipt of an application, the Department shall determine whether the changes can be approved by administrative action or whether action by the City Council is required pursuant to LVMC 6.06.210. If Council action is required, the application will be placed on the next available Council agenda following the completion of all necessary reviews by City departments and outside agencies. (C) In cases where a licensee has significantly altered its business operations, the Director may require a licensee to suspend its operations until the City Council has acted upon the licensee's new license application. (D) A licensee shall not continue or resume its altered operations if the City Council finds that the licensee is in violation of the provisions of LVMC 6.02.090 and 6.02.330 through 6.02.350, or for other good cause finds that continued business operations should not be permitted. (Ord. No. 6155, § 7, 8-3-11; Ord. 5998 § 33, 2008: Ord. 2187 § 1 (part), 1981: prior code § 5-4-3 (E))

Las Vegas Municipal Code § 6.06.205 Principal notifications.

6.06.205 - Principal notifications. A principal has a continuing duty and obligation to notify the Department of any: (A) Criminal conviction against the principal; or (B) Disciplinary action taken against the principal within the jurisdiction of the City, or in any other jurisdiction where the business holds a business license. Such notification shall occur within fifteen days from the date of conviction or the date of disciplinary action. Failure to so notify may result in disciplinary action against the principal pursuant to LVMC 6.06.260. (Ord. No. 6225, § 6, 12-5-12)

Las Vegas Municipal Code § 6.06.210 Changes—Approval required when.

6.06.210 - Changes—Approval required when. Prior approval must be obtained for a licensee or person approved for suitability to do any of the following acts: (A) Convey the license from one person to another or establish the license in a different entity; (B) Transfer any ownership interest or voting control to a person who, because of the transfer, would be required to be approved for suitability; (C) Alter the licensed business operations in a significant way from the operations previously approved; (D) Change the location of a license from one premises to another premises within the City limits; (E) Change the name of the business operating under a license. Such prior approval may be granted by the Director in the case of the changes described in Subsections (D) and (E), but must be granted by the City Council otherwise. (Ord. No. 6155, § 8, 8-3-11; Ord. 5998 § 34, 2008: Ord. 2187 § 1 (part), 1981: prior code § 5-4-7(A))

Las Vegas Municipal Code § 6.06.220 Changes—Denial of approval.

6.06.220 - Changes—Denial of approval. The City Council may deny approval of any act for which approval is required by this Chapter for good cause, which includes those causes set forth in Sections 6.02.330 through 6.02.350. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-7(B))

Las Vegas Municipal Code § 6.06.230 Reserved.

Las Vegas Municipal Code § 6.06.240 Transfer of ownership or control—Financial encumbrance.

6.06.240 - Transfer of ownership or control—Financial encumbrance. Each licensee must notify the Department at least thirty days prior to transferring or recognizing the transfer of any ownership interest or voting control which results in a person acquiring an ownership interest or voting control equal to or greater than ten percent of the entire ownership in or voting control of the licensee or prior to subjecting any of its assets, income or revenue to any security interest or other encumbrance. (Ord. No. 6155, § 10, 8-3-11; Ord. 2187 § 1 (part), 1981: prior code § 5-4-8 (B))

Las Vegas Municipal Code § 6.06.250 Disciplinary action—Grounds.

6.06.250 - Disciplinary action—Grounds. (A) A licensee may be subject to disciplinary action as set forth in Sections 6.02.330 through 6.02.360. (B) A principal approved for suitability may be subject to disciplinary action by the City Council for good cause, which may include, but is not limited to: (1) The application is incomplete or contains false, misleading or fraudulent statements with respect to any information required in the application; (2) The principal fails to satisfy any qualification or requirement imposed by this Code, or other local, State or Federal law or regulation pertaining to the particular approval for suitability sought or held; (3) The principal illegally resides in the United States; (4) The principal is or has engaged in a business, trade or profession without a valid license, permit, approval for suitability or work card when he knew that one was required or under such circumstances that he reasonably should have known one was required; (5) The principal has been subject, in any jurisdiction, to disciplinary action of any kind against a license, permit, approval for suitability or work card to the extent that such disciplinary action reflects on the qualification, acceptability or fitness to be approved for suitability; (6) The principal has committed acts which would constitute a crime involving moral turpitude or involving any Federal, State or local law or regulation relating to the same or a similar business. For purposes of this Paragraph, a crime involving moral turpitude is one that necessarily involves any of the following: an intent to defraud; intentional dishonesty for personal gain; intentional causing of serious injury to another person; the sale of narcotics or possession of narcotics with intent to sell; or a sexual offense as described in NRS 179D.097; (7) When substantial information exists which tends to show that the principal is dishonest or corrupt; (8) The principal lacks sufficient financial, technical or educational ability or experience to conduct or perform the activity for which approval for suitability is sought; (9) The principal, or his or her employees or those acting on their behalf, violates any condition upon which approval for suitability was granted; (10) The principal has engaged in deceptive practices upon the public; or (11) The principal suffers from a legal disability under the laws of the State. (Ord. No. 6155, § 11, 8-3-11; Ord. 5998 § 36, 2008: Ord. 5517 § 23, 2002: Ord. 2187 § 1 (part), 1981: prior code § 5-4-6 (A))

Las Vegas Municipal Code § 6.06.260 Disciplinary action—Alternatives.

6.06.260 - Disciplinary action—Alternatives. (A) Upon a showing of good cause and in the discretion of the City Council disciplinary action against a principal approved for suitability may take the form of cancellation, revocation, suspension, imposition of conditions or restrictions, or civil fines (or any combination thereof) as the particular situation may require. (B) The Council may also impose against the principal the actual cost incurred, and a reasonable amount for attorneys' fees resulting, from the imposition of disciplinary action. (C) The disciplinary actions available in this section shall be in addition to, and not exclusive of, any other civil or criminal remedy which otherwise might be available. (Ord. 2187 § 1 (part), 1981: prior code § 5-4-6 (B))

Las Vegas Municipal Code § 6.06.270 Emergency orders—Grounds.

6.06.270 - Emergency orders—Grounds. (A) The Director or Metro may issue an emergency order which suspends or conditions a license upon a determination that: (1) There has been a violation of the provisions of this Title; and (2) Such order is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare within the City. (B) This Section does not apply to any business licensed pursuant to Chapter 6.06A or Chapter 6.35. (Ord. 5228 § 2, 2000: Ord. 5170 § 4, 1999: Ord. 2187 § 1 (part), 1981: prior code § 5-4-12 (A))

Las Vegas Municipal Code § 6.06.280 Emergency orders—Contents—Effective date.

6.06.280 - Emergency orders—Contents—Effective date. Any emergency order issued pursuant to Section 6.06.270 shall: (A) Set forth the grounds upon which it is issued, including a statement of facts constituting the emergency which necessitates such order; (B) Be effective immediately upon the issuance and service thereof on the licensee or its representative or upon the posting thereof upon the licensed premises; and (C) Indicate the period of time for which it is effective, which shall be based upon the severity of the violation and the nature of the emergency as determined by the Director or Metro. (Ord. 5170 § 5, 1999: Ord. 2187 § 1 (part), 1981: prior code § 5-4-12 (B))

Las Vegas Municipal Code § 6.06.290 Emergency orders—Appeal.

6.06.290 - Emergency orders—Appeal. A licensee who is affected by an emergency order issued under Section 6.06.270 may appeal the order by filing an appropriate action in the State of Nevada District Court to challenge or seek review of the order. Such action to appeal must be filed within ten calendar days after the effective date of the emergency order or the right to appeal is deemed waived. (Ord. 5998 § 37, 2008: Ord. 5170 § 6, 1999: Ord. 2187 § 1 (part), 1981: prior code § 5-4-12(C))

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT6BUTALIRE_CH6.06PRBUPEREFetched: 10/28/2026