SEXUALLY ORIENTED BUSINESSES

Henderson Municipal Code tit. 4, ch. 4.110

in effect

Henderson Municipal Code § 4.110.010 Definitions.

4.110.010 - Definitions. As used in this chapter, unless the context otherwise requires, or the words are otherwise defined below, the words and terms used in this chapter have the definitions set out in chapter 4.04. Adult bookstore, adult novelty business, or adult video store means an establishment having as a significant portion of its stock in trade in any one or more of the following: 1. Books, film, digital video discs, compact discs, video cassettes, slides, magazines, and other periodicals or other written, oral, or visual representations that are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas; or 2. Instruments or devices that are designed for or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others. A "significant portion of its stock in trade" exists where the establishment maintains greater than 30 percent of its floor space for the display, sale, and/or rental of said items. Adult club means a public or private establishment, which may charge admission for entrance, that regularly features nude or topless entertainers, bottomless entertainers, strippers, exotic dancers, or other live performances that are distinguished or characterized by the exposure of specified anatomical areas or that advertises, or holds out to the public that adult entertainment is provided or advertises or implies that sensual or sexual entertainment is provided, and, that may operate in the manner of a tavern, with the exception that no alcoholic beverages as defined in HMC chapter 4.36 are served or permitted. Typical production shows offered by resort hotels as defined in HMC chapter 4.32 that include topless entertainers shall not be considered an adult club provided that a separation and/or barrier that prevents physical contact between performers and customers is maintained at all times during each performance. Adult motion picture theater means an enclosed building, or a portion thereof, used for presenting motion pictures, films, video cassette, compact disc or digital video disc recordings, slide photographs, or other motion or still pictures, that are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. Adult video arcade means any establishment, or any portion thereof, containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still, motion picture, film, compact disc, digital video disc, or video cassette machines, projectors, players, or other image producing devices that are maintained to display images to one or more persons per machine or per viewing room at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. Attendant means a natural person, who is employed by or who received any monetary consideration from an adult club for soliciting the sale or purchase of any product or service, including but not limited to beverages, and/or who collects entry fee, admission or cover charge. Commercial adult establishment means any establishment other than an adult club that provides the performance of any lawful service, or any other lawful business activity, profession or calling, to include, but not be limited to, car washes, cosmetology or barber services, maid services, food services, and that promotes to the public through advertising, either, written, oral or otherwise, that their services, professions or callings are to be performed in clothing such as, but not limited to, nude, topless, lingerie, g-strings, halters, bikinis, or other such attire. Escort means any person who, for any form of consideration or gratuity, or no fee, dates, socializes, visits, consorts with or accompanies, or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. This definition shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or persons with disabilities, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours and who provide a service not principally characterized as dating or socializing. This definition shall not also be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted by a party other than the person for whom the service is being performed and of a duration of no longer than one hour. Escort service means an individual or entity, which, for any form of consideration or gratuity, or for no fee, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts. Film, compact disc, digital video disc, video cassette or other media viewing device means, but is not limited to, any digital, electric, electronic, mechanical, magnetic, optical, laser, holographic, virtual reality, or other technology that, through a controlled viewing or projection device, produces a controlled visible image that is either still or in motion, to patrons, the temporary use of which is contingent upon the payment of some consideration and which use is to occur upon the premises. Fondle or caress means the conduct or affectionate touching that is intended to sexually arouse (may include "sexual conduct"). Governmental offices means any building that is used by the federal, state or local government, and is open to the general public. Nude modeling agency means any person, agency, firm, corporation, partnership, or any other entity or individual that furnishes, books or otherwise engages or offers to furnish, book or otherwise engage the service of a person for performance or appearance at an establishment licensed pursuant to this chapter as an adult club, commercial adult establishment, or nude modeling studio. Nude modeling studio means any place where, for any form of consideration or gratuity, figure models, who display specified anatomical areas, are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity. This section excludes "arts" classes sanctioned by the Board of Regents of the University of Nevada or any other postsecondary educational institution that is licensed by a federal or state agency and is accredited by a nationally recognized educational accrediting association. An offer to provide acts of sexual conduct means to offer, propose or to solicit to provide sexual conduct to a patron. Such definition includes all conversations, publications, advertisements, handbills and acts which would lead a reasonably prudent person to conclude that such acts were to be provided even if such acts are illegal or are purported to be illegal or unlawful. Operation means the conduct of any business regulated or licensed by this chapter. Patron means any person who contracts with or employs any escort services or escort, outcall promoter or outcall entertainer, or the customer of any other business licensed pursuant to this chapter. Outcall means the business procedures whereby one or more persons are sent or referred to a location by another person or business entity for any form of consideration or gratuity, or no fee. Outcall entertainer shall have the same meaning as escort. Outcall promoter shall have the same meaning as escort service. Prostitution means engaging in sexual intercourse, oral-genital, oral-anal, or anal-genital contact, or any touching of the sexual organs, pubic region or male or female breast of a person with the intent of arousing or gratifying the sexual desire of either person in return for a fee, monetary consideration, or other thing of value. Public park means a tract of land maintained by federal, state or local government for the recreation and enjoyment of the general public. Religious assembly means a building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or, for propagating a particular belief form. School means a licensed child care facility, grades preschool through grade 12, together with the playgrounds, dormitories, stadiums, and other structures or grounds used in conjunction therewith. Server means a natural person who is employed by or who receives any monetary consideration from an adult club for soliciting the sale or purchase of any product or service, including but not limited to beverages. Sexual conduct and specified anatomical areas as used in this chapter means: 1. "Sexual conduct" includes the following: a. The fondling or other touching of human genitals, pubic region, buttocks, or male or female breasts; b. Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy; c. Masturbation; d. Excretory functions, alone, as part of, or in connection with, any of the activities set forth in paragraphs a., b. and c. of this subsection; and e. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. 2. "Specified anatomical areas" include the following: a. Human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; b. Human male genitals in a discernibly turgid state, even if completely covered. Sex club means any establishment that is operated and maintained for the purpose of allowing one or more persons to view or participate in live sexual conduct for consideration or a gratuity. A sex club is prohibited and is a public nuisance per se. Sexually oriented business means, adult bookstores, adult novelty businesses, adult video stores, adult motion picture theaters, adult video arcades, adult clubs, commercial adult establishments, escort services, nude modeling agencies, nude modeling studios, outcall promoters and sex clubs. Sexual stimulation means to excite or arouse the prurient interest. Viewing area means each area in which a patron or customer of the adult motion picture theater or adult video arcade would ordinarily be positioned in order to view a controlled visible image generated by film, compact disc, digital video disc, video cassette, or other media viewing device. (Ord. No. 3246, § 1, 1-6-2015; Ord. No. 3984, § 1, 8-15-2023)

Henderson Municipal Code § 4.110.015 Classification.

4.110.015 - Classification. Lawful sexually oriented businesses shall be classified as follows: 1. Adult video arcades; 2. Adult bookstores, adult novelty businesses, or adult video stores; 3. Adult clubs; 4. Adult motion picture theaters; 5. Commercial adult establishments; 6. Escorts; 7. Escort services; 8. Nude modeling agencies; 9. Nude modeling studios; 10. Outcall entertainers; and 11. Outcall promoters. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.020 Purpose and intent.

4.110.020 - Purpose and intent. In the development and adoption of the ordinance codified in this chapter, it is recognized that there are some adult business uses that have serious objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, public parks, religious assemblies, governmental offices, schools and other facilities, thereby having a deleterious impact upon property values and that such businesses frequently become places of criminality. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure those controls and regulations necessary to preserve the integrity and character of residential neighborhoods, the stability of property values, and impose restrictions and regulations upon those activities that would adversely affect property values, increase the incidence of prostitution, drug sales, sexually transmitted diseases, crime and violence, and prevent adverse secondary effects that will contribute to the blighting or downgrading of adjacent neighborhoods. It is the further purpose of this chapter to protect the well-being of the youth of the community from objectionable operational characteristics of these adult uses by regulating and restricting their close proximity to established certain facilities such as, but not limited to, religious assemblies, parks, schools and residential areas. In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this chapter to inhibit freedom of speech or the press. It is further the belief that just as advertising is designed to stimulate one's appetite for desiring goods or services, an overabundance or preoccupation with sexual displays or materials arouses the appetites of those so preoccupied and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health and safety of the community. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. This chapter represents a balancing of the legitimate ends of the community by imposing an incidental, content-neutral place, time and manner regulation of sexually oriented businesses, without limiting alterative avenues of communication, and at the same time, requiring the business to carry its share of financing law enforcement activities. The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth in this chapter. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.030 License required—Locational requirements—Use permit application review.

4.110.030 - License required—Locational requirements—Use permit application review. A. A sexually oriented business is a privileged business and it is unlawful for any person to operate, conduct, carry on, or maintain a sexually oriented business in the city without first having obtained a license as herein provided. A separate license must be applied for, and issued, for each location, place or premises used, prior to the conduct of such business. B. All applicants for a license must comply with all appropriate city zoning and distance requirements set forth in title 19, and must submit to the planning department an application, in the manner specified by that department, to determine if a use permit is required in accordance with title 19. C. Prior to the issuance of any business license by the division, the applicant must submit, on a form provided by the division, a request for required department signature inspections, to determine if the proposed business operation is in conformity with the requirements of the building, planning, public works, water, wastewater, fire and code enforcement departments and divisions. Upon submission of the business license application and request for required department signature inspections, the premises must be inspected by all designated departments and divisions within 30 days of the date of the application. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.040 License—Application—Business premises required.

4.110.040 - License—Application—Business premises required. The division must not issue any license to any person with the exception of an escort or outcall entertainer, unless the applicant has an established place of business. Sexually oriented businesses, as licensed under this Code must be located, maintained or kept in those areas of the city zoned in accordance with, and must be subject to, all restrictions and regulations contained in HMC title 19. It is unlawful for any business required to be licensed pursuant to this chapter to be operated or conducted, either in full or part time, from a residential premises. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.050 License—Application—Contents—General.

4.110.050 - License—Application—Contents—General. Whenever a person desires to conduct any sexually oriented business in the city, or engage in the business thereof, such person must make application in writing, on a form provided by the division, to obtain a license therefor, and such application must contain and set forth the following: A. The name, residence address, telephone number, and principal occupation of the applicant and the key employee(s) of the business; and B. The applicant's business organization and structure, including the names and addresses of any and all on-site or off-site managers responsible for timely abatement of any and all nuisance activity at the business location; and C. The kind of license desired, the business name, a description of the nature of the business, the particular place for which the license is desired, and the name of the owner of the premises where such business is to be operated, along with a copy of the lease or rental agreement for the same; and D. Whether the business is the undertaking of a sole proprietorship, partnership, limited liability company, or corporation, or other form of business entity. If a sole proprietorship, the application shall set forth the name, address, telephone number, and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, addresses, telephone numbers, principal occupations, and respective ownership shares of each partner, whether general, limited, or silent. If a limited liability company, the application shall set forth the company name, a copy of the operating agreement, and the names, addresses, telephone numbers, and principal occupations of every member, manager, and managing member of the company, along with the ownership interest held by each. If a corporation, the application shall set forth the corporate name, a copy of the articles of incorporation, and the names, addresses, telephone numbers, and principal occupations of every officer, director, and shareholder of the corporation, along with the number of shares held by each. If any partner, manager, member, managing member, or shareholder of applicant is a business entity, the application shall additionally set forth the names, addresses, telephone numbers, principal occupations, and respective ownership interests of each such partner, manager, member, managing member, or shareholder; and E. The names, residential addresses, telephone numbers, and principal occupations of every person, partnership, limited liability company, or corporation having any interest in the real or personal property utilized or to be utilized by the business or having any right or interest to any portion of the profits or receiving or having the right to receive any payment from the business that is not directly related to business operating costs. If any partner, manager, member, managing member, or shareholder having any interest in the real or personal property utilized or to be utilized by the business or having any right or interest to any portion of the profits or receiving or having the right to receive any payment from the business that is not directly related to business operating costs is a business entity, the application shall additionally set forth the names, addresses, telephone numbers, principal occupations, and respective ownership interests of each such partner, manager, member, managing member, or shareholder; and F. Whether the applicant, anyone having a ten-percent interest in the business, or anyone having an interest in the real property or personal property utilized or to be utilized by the business, or anyone having a right to ten percent or more of the proceeds of the business (other than operating costs) has: i. Ever been convicted of or forfeited bail for any crime, excluding minor traffic offenses and, if so, the application shall state the person involved, the charge, date, court, and disposition of the charges, ii. Ever had a business license denied, revoked or charges filed therefor, and if so, the application shall state the person involved, the name of the business, date, jurisdiction, and outcome of any hearing, or iii. Ever owned, operated, been employed by a sex club, an escort service, an outcall promoter establishment, a brothel, or adult club, and if so, the name of the business, dates involved, and position or interest therein, or iv. Ever been convicted of offenses similar to the above under federal law or the law of another state or local government; or adverse civil action judgments involving fraudulent or deceptive advertising, sales, or trade practices, and a detailed explanation of the circumstances; and G. Applicant's business and employment history, stating whether or not the applicant, or applicant's manager, director, officer, stockholder having involvement with the management or operation of the business or partner have had any business license revoked or suspended and stating the details, including the reasons why; and H. Applicant's signature acknowledging that all the information furnished by the applicant is true, accurate, and current, that he or she is aware of the obligation to provide timely notice of any changes in required information, and that he or she has informed all principals of their joint and several responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at the business location(s). If the applicant is a sole proprietorship, the application shall be signed and sworn to by the sole proprietor. If the applicant is a partnership, the application shall be signed and sworn to by a partner thereof. If the applicant is a limited liability company, the application shall be signed and sworn to by a manager or managing member thereof. If the applicant is a corporation, the application shall be signed and sworn to by an authorized officer of the corporation; and I. The applicant shall present him or herself to the police department for investigation and fingerprinting and shall pay such investigation and fingerprint fee as is required by HMC chapter 4.03, and shall reveal to the police department such information as is required to properly identify the applicant to enable the investigation of the applicant's arrests and convictions, licensing and litigation record and verify the accuracy and completeness of the application. Where the applicant is a partnership, limited liability company, or corporation, it shall be necessary for all of the partners, managers, managing members, and officers of such business entity to present themselves for investigation and fingerprinting. All partners, members, or stockholders (with ten percent or more stock ownership interest), who exercise management or control of the partnership, limited liability company, or corporation are required to present themselves for investigation and fingerprinting; and J. A consent and authorization in writing for the division 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; and K. Any other pertinent documents or information that the division may require related to subsections A. through J. of this section. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.060 Reserved.

Henderson Municipal Code § 4.110.070 License—Application—Contents—Additional.

4.110.070 - License—Application—Contents—Additional. A. Each licensee must designate on the application the name of a resident agent or key employee residing within the county who is responsible for the conduct of the business and authorized to immediately answer to the council, or its agents, should inquiry or action be deemed necessary in the absence of the licensee. B. The applicant must supplement the application by submitting a written plan setting forth the method of operation of the business to ensure compliance with the rules and regulations enumerated in this chapter. C. The application shall be accompanied by a certified copy of the certificate of fictitious name filed in compliance with NRS Chapter 602 if the applicant is to operate the business under a fictitious name. D. Every application to operate an adult video arcade, whether as the sole business, or as a part of a larger sexually oriented business licensed at the same location, must include: 1. The number of machines, projectors, other image viewing producing devices or contrivances that will be located upon the premises, the name of the manufacturer, serial number or identification number, if any, and type of each, together with a floor plan of the premises that shows the size and type of each room in which any device will be located, and the size and type of each such device, and the number thereof, in each such room. 2. Each adult video arcade license must specify the specific number of machines, projectors, other image viewing producing devices or contrivances for which it is issued, and the number of devices upon the premises must not exceed the number that is permitted under that license. An increase in the number of devices that is permitted upon the premises requires a new adult video arcade business license application. E. Every application to operate an escort service or outcall promoter establishment must include: 1. The hours that the business will be open to the public. The hours must include all hours the escorts or outcall entertainers are with a patron; 2. The methods of promoting the health and safety of the escorts and outcall entertainers and protecting them from assault, battery, and rape; 3. The methods of supervision of employees that will guarantee to the patron that the escort or outcall entertainer will not solicit any additional fee beyond that stipulated by the escort service or outcall promoter establishment to the patron for entertainment; 4. The methods of supervision that will prevent the escorts or outcall entertainers from soliciting acts of prostitution, or offering to provide sexual stimulation or sexual gratification; 5. The federal employer's identification number; and 6. The method of compensating escorts and outcall entertainers. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.080 Exemptions.

4.110.080 - Exemptions. The provisions of this chapter do not apply to those businesses that: A. Operate a manufacturing or wholesale business, licensed in accordance with HMC chapter 4.04 and section 4.05.010 and: 1. Are prohibited from conducting retail sales; and 2. Prohibit public access to the premises; and 3. Meet all zoning requirements pursuant to HMC title 19. B. Operate a retail mail order business, licensed in accordance with HMC chapter 4.04 and section 4.05.010 and: 1. Prohibit public access to the premises; and 2. Meet all zoning requirements pursuant to HMC title 19. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.090 Application fee required.

4.110.090 - Application fee required. No investigation will be made of any applicant for a sexually oriented business license prior to the payment by the applicant, and receipt of such fees by the division, and a license must not be issued until all appropriate fees are paid. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.100 Investigation fees—Required—Fees charged.

4.110.100 - Investigation fees—Required—Fees charged. A. Any person applying for a sexually oriented business license is required to deposit with the division for payment to the police department an investigation fee, as set forth in HMC chapter 4.03, per person required to be licensed (see subsection 4.04.060 B.). B. After the filing of a completed application and payment of all fees, the applicant must be referred to the chief of police for fingerprinting, photographs, investigation and reporting. The result of the investigation shall be given to the director within 30 days, or as soon thereafter as possible, but in no event in excess of 45 days. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.110 No refund on investigation fee.

4.110.110 - No refund on investigation fee. Even though an applicant is denied a license after investigation, no part of the investigation fees deposited will be returned to the applicant. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.120 Withdrawal of application—Refund.

4.110.120 - Withdrawal of application—Refund. If any applicant withdraws his application prior to the background packet being submitted to the police department, all investigation fees deposited shall be returned to the applicant. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.130 License—Corporation—Partnerships—Limited Liability Companies—Associations—Changes in membership.

4.110.130 - License—Corporation—Partnerships—Limited Liability Companies—Associations—Changes in membership. In the case of a licensee that is a corporation or an association, any and all changes in the officers or directors of such corporation or association must be reported to the division within 30 days of the appointment or election of such officers and directors. Such officers or directors are required to qualify for a license as required in this title. In the case of a partnership, or limited liability company, all ownership and management changes must be reported to the division within 30 days of the change, and all new partners (whether general, limited or silent) and, members, managing members and managers must qualify for a license as required in this title. If any partner, manager, member, or managing member of licensee is a business entity, any and all changes in the officers, directors, partners, members, managing members, and managers must likewise be reported to the division within 30 days of the appointment, election, or ownership or management change and the new officers, directors, partners, members, managing members, and managers must likewise qualify for a license as required in this title. Failure to notify the division of such changes, or failure to submit for licensing, is grounds for revocation of any existing license. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.140 License issuance or denial.

4.110.140 - License issuance or denial. A. The director shall schedule a hearing before council to consider the applicant's business license application and accompanying HMC title 19 land use applications within 60 days upon completion of the background investigation by the police department. Failure of the director to schedule a hearing of the application before the council within 60 days of completion of the background investigation shall result in a license being granted. B. In addition to any of the reasons set forth in HMC subsection 4.04.150 A., the council may deny the license application for one or more of the following reasons: 1. The applicant, or any of its principals, has within the past seven years, been convicted of a crime, in the local, state or federal court systems for any of the following violations: a. Pandering, prostitution and all conduct made unlawful by NRS 201.295 to NRS 201.440, inclusive; b. Statutory sexual seduction, incest, exhibition and sale of obscene material to minors, and all conduct made unlawful by NRS 201.256 to NRS 201.265, inclusive; c. Obscenity, and all conduct made unlawful by NRS 201.235 to NRS 201.254, inclusive; d. Intentional transmission of human immunodeficiency virus (NRS 201.205), sexual penetration of a dead human body (NRS 201.450), lewdness and indecent exposure, and all conduct made unlawful by NRS 201.210 to NRS 201.232, inclusive, and any other crime referenced in NRS 200.700 to 200.760, inclusive; e. Battery which constitutes domestic violence, sexual assault, and all other conduct made unlawful by NRS 200.010 to NRS 200.50995, inclusive, and NRS 200.571 to 200.605, inclusive; 2. The applicant, or any of its principals has been, within the past seven years, permanently enjoined in an adjudicated civil action from engaging in fraudulent advertising, sales or trade practices; or 3. The applicant, or any of its principals, has made false or fraudulent statements in the application, evidence of which is disclosed by a police department or division background investigation or by any other lawful means; or 4. The operation proposed by the applicant does not comply with all applicable laws, including, but not limited to, all applicable zoning, fire, safety and health ordinances and regulations; or 5. The applicant, or any of its principals, do not qualify for, or have not obtained work identification cards. C. In the event that an application is initially denied by the council under this section, the applicant may seek judicial review of such final decision of denial by council in the Eighth Judicial District Court. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.160 Required department inspections.

4.110.160 - Required department inspections. A. Prior to the issuance of any business license by the division, the applicant must submit, on a form provided by the division, a request for required department signature inspections, to determine if the proposed business operation will be in conformity with the requirements of the building, planning, public works, water, wastewater, fire and code enforcement departments and divisions. 1. Upon submission of the request for required department signature inspections, the premises must be inspected by all designated departments and divisions within 30 days of the date of the application; and 2. Written reports of the inspections performed by the departments and divisions in subsection A. of this section must be given to the applicant, or his authorized representative, and also submitted to the division within five days of the date of inspection; and 3. If the inspection reveals any deficiencies, the applicant must make the required corrections, and reschedule a second inspection, or inspections, with the department or division noting the deficiency. A written report must be completed within five days of the second or subsequent request for inspection. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.165 Key employee required.

4.110.165 - Key employee required. All businesses required to be licensed pursuant to this chapter must have at least one responsible key employee on the licensed premises to act as the licensee's agent at all times the business is open. The key employee must comply with the provisions set forth in HMC section 4.04.180. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.170 Adult bookstores, adult novelty businesses, adult video stores, adult motion picture theaters, adult video arcades and commercial adult establishments—Building specifications—Regulations—Security required.

4.110.170 - Adult bookstores, adult novelty businesses, adult video stores, adult motion picture theaters, adult video arcades and commercial adult establishments—Building specifications—Regulations—Security required. In addition to the regulations imposed by this or any other chapter of this Code, sexually oriented businesses operating one or more of the types of businesses designated in this section must conform to the following: A. It is unlawful to display any product, or offer any service or other business activity, for a fee, or which may be offered to the public at no fee, in an area of the establishment that can be viewed from the exterior of the building. B. With the exception of adult motion picture theaters with seating for more than ten patrons at a time, it is unlawful for any viewing area, or area reserved for the performance of a service or other business activity, of the establishment to have any door, curtain, or other viewing aid or privacy device. C. It is unlawful for any adult motion picture theater and adult video arcade not to have a uniformed security guard licensed pursuant to this title and NRS Chapter 648 physically on duty in the viewing area at all times the establishment is open to ensure compliance with all federal, state and city statutes and ordinances. If the establishment has an adult motion picture theater and an adult video arcade or multiples thereof, which are maintained in separate areas of the establishment, each area must have its own uniformed security guard on duty. D. It is unlawful for the entrance to a sexually oriented business not to be visible from the cash register, or reception area, of the establishment. E. It is unlawful for any area of the adult motion picture theater or adult video arcade not dedicated to the viewing of film, compact disc, digital video disc, video cassette, or other media viewing device, not to have lighting that has a minimum of 30-footcandle power light when measured at a point 60 inches from the floor. F. It is unlawful for any adult motion picture theater or adult video arcade licensee not to notify the director in writing on a new business license application, any proposed change in the number of film, compact disc, digital video disc, video cassette or other media viewing or projection devices upon the premises and any change in the floor plan thereof, including without limitation, any change in the size and type of any device that is identified in the application for the license, any change in the size of any room in which any device is located and any change in the number of devices that are located in any room of the premises. G. It is unlawful for any person to place in any adult video arcade, any film, compact disc, digital video disc, video cassette, or other media viewing or projection device, with respect to which the information that is required by subsection F. of this section, has not been provided to, and approved by, the director. H. It is unlawful for alcoholic liquor as defined in HMC chapter 4.36 to be present on the licensee's premises at any time. I. It is unlawful to allow loitering in the establishment by persons who are not actually engaged in viewing the products offered for sale, or offered for no consideration, or receiving the lawful services, or other business activities provided by a sexually oriented business. J. It is unlawful for any business governed by this section to allow a person under the age of 18 years in or on the premises. K. For all businesses, except a commercial adult establishment which is exempt from this subsection only, it is unlawful for a licensee, or a licensee's employee or agent to engage in any physical contact whatsoever during the transaction of a lawful business activity between the licensed business and the patron. L. 1. In the case of a commercial adult establishment, it is unlawful for a licensee, or a licensee's employee, agent or servant, to engage in any physical contact whatsoever beyond the inherent nature of the service, profession or calling performed during the transaction of a lawful business activity between the licensed business and the patron. 2. An example of such lawful contact in subsection L.1. of this section is the cutting or styling of hair when performed by a licensed barber or cosmetologist; and, the lawful contact must not extend beyond that accepted by the industry as necessary to perform the lawful service. 3. Conversely, a maid service does not have as part of its service the necessity to make physical contact with the patron, and is only one example of an unlawful contact. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.180 Nude modeling studio—Regulations.

4.110.180 - Nude modeling studio—Regulations. In addition to the regulations imposed by this or any other chapter of this Code, nude modeling studios must conform to the following: A. It is unlawful for a licensee, or a licensee's employee or agent, to engage in any physical contact whatsoever during the transaction of a lawful business activity between the licensed business and the patron. B. It is unlawful for a licensee or a licensee's employee or agent to perform any nude modeling off the premises of the sexually oriented business establishment. C. It is unlawful for alcoholic liquor as defined in HMC chapter 4.36 to be permitted on the licensee's premises at any time. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.190 Adult clubs—Regulations.

4.110.190 - Adult clubs—Regulations. A. In addition to the regulations imposed by this or any other chapter of this Code, adult clubs must have signs posted that: 1. Are at least 24 inches by 12 inches in size; and 2. Have lettering at least two inches in height; and 3. Contain the words: "NO ALCOHOLIC LIQUOR SERVED HERE" "PROSTITUTION IS ILLEGAL" B. The signs described in subsection A. of this section must be placed: 1. At eye level, on the outside of all entrances to the establishment; and 2. Must be properly illuminated so that anyone approaching the entrance can, without difficulty, read said sign; and 3. The same signs as in subsection A.3. of this section must also be placed within the establishment at eye level at 15-foot intervals along all interior walls of the establishment. C. It is unlawful for alcoholic liquors as defined in HMC chapter 4.36 to be permitted on the licensee's premises at any time. D. No person, firm, partnership, corporation, limited liability company, or other entity shall advertise adult entertainment or cause to be advertised, as an adult club without a valid license issued pursuant to this chapter. E. Licensee shall maintain and retain for a period of three years the names, any aliases, addresses, and ages of all persons employed as attendants or servers by the licensee. F. Licensee shall conspicuously display all licenses required by this chapter. G. All communication, verbal, visual or physical, between attendants and patrons shall take place within an area that is visible immediately upon entrance to the establishment premises. Patrons shall not be allowed in private rooms with attendants. H. No attendant or server shall fondle or caress any patron and no patron shall fondle or caress any attendant or server. I. No attendant or server shall fondle or caress any attendant or server. J. No patron shall directly pay or give any gratuity to any attendant or server for sexual conduct, or as to offers to provide sexual conduct. K. No attendant or server shall solicit any pay or gratuity from any patron for sexual conduct or as to offers to provide sexual conduct. L. Any adult club, licensed pursuant to this chapter, that advertises or uses the words in its trade or place name that imply the availability of alcoholic liquor on the premises, such as "bar," "lounge," or saloon," must state in all such advertisements that alcoholic beverages are not sold or allowed on the premises. M. No adult club shall employ a security guard, or allow a security guard to work on the premises unless such security guard is licensed pursuant to this title and NRS Chapter 648. N. No adult club shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of the female breast below a point immediately above the top of the areola or of a person's genitals, pubic area or in a lewd and obscene fashion. O. No adult club licensee, attendant, server or security guard shall allow, permit, encourage, or tolerate any act of masturbation to occur on the premises. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.195 Escort and escort service—Outcall entertainer and outcall promoter regulations.

4.110.195 - Escort and escort service—Outcall entertainer and outcall promoter regulations. A. It is unlawful to conduct the business of escort service or outcall promoter unless the business operates in a physical structure at a fixed location within the city that is subject to inspection by the division pursuant to section 4.110.300 of this chapter. B. It is unlawful for an escort service or outcall promoter to employ, contract with, or refer an escort or outcall entertainer to a location unless the escort or outcall entertainer is licensed as provided in this chapter. C. It is unlawful for any person to advertise, or cause to be advertised, an escort, escort service, outcall entertainer, or outcall promoter establishment without a valid license issued pursuant to this chapter. D. It is unlawful for any person to work or perform services as an escort or outcall entertainer in the city unless employed by a licensed escort service or outcall promoter or licensed as an escort service or outcall promoter. E. It is unlawful for an escort service or outcall entertainment promoter licensee to contract with, employ or refer a person as an escort or outcall entertainer unless such escort or outcall entertainer is licensed pursuant to this chapter. F. It is unlawful for an escort, escort service, outcall entertainer, or outcall promoter to provide entertainment that contributes to the delinquency of a minor, if the patron, or any person with the patron, is under the age of 18 years. G. It is unlawful for an escort service or outcall promoter to hire, contract with, or refer any escort or outcall entertainer who is under the age of 18 years. H. It is unlawful for an escort, escort service, outcall entertainer, or outcall promoter to solicit, commit, or participate in an act of prostitution. I. It is unlawful for an escort, escort service, outcall entertainer, or outcall promoter to solicit any fee, pay, tip or gratuity from any patron in addition to the licensee's basic fee. J. It is unlawful for an escort service or outcall promoter licensee to operate or conduct business or refer escorts or outcall entertainers to patrons unless one or more managers or key employees are overseeing the operation of the business by being present at the business location, at all times the business is open to ensure compliance with all regulations. K. It is unlawful for an escort, escort service, outcall entertainer, or outcall promoter to provide alcoholic liquor as defined in HMC chapter 4.36 as part of the entertainment, as an inducement, or for any other reason, to a patron. L. It is unlawful for an escort, escort service, outcall entertainer, or outcall promoter to be under the influence of alcoholic liquor as defined in HMC chapter 4.36, or a controlled substance, while conducting business. M. It is unlawful for an escort, escort service, outcall promoter, or outcall entertainer to fail to submit to an audit as set forth in HMC section 4.110.300, or fail to provide the records required by HMC section 4.110.197. N. It is unlawful for an escort service or outcall promoter establishment to be operated in conjunction with any other business required to be licensed by this title, including other businesses required to be licensed pursuant to chapter 4.110. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.197 Escort service and outcall promoter—Records required.

4.110.197 - Escort service and outcall promoter—Records required. A. Every escort service and outcall promoter must keep accurate and detailed records of all entertainment visits in a permanently bound ledger at their place of business that contains, in consecutive order: 1. The date and time of the visit; 2. A description of the business service provided to the patron; 3. The name of the licensee, or licensee's employee or agent, including any aliases used by the same, who participated in the business transaction with the patron, including the license number of the escort or outcall entertainer; 4. The total sum of money (credit, cash, check, charge, or barter) paid by the patron to the escort, escort service, outcall entertainer or outcall promoter for the visit; and a. The amount of said sum of money received by the escort service or outcall promoter from the patron, either directly, or through the escort or outcall entertainer; b. The amount of said sum given by the escort service or outcall promoter to the escort or outcall entertainer; 5. Whether the escort or outcall entertainer received monetary consideration in addition to the fee charged by the escort service or outcall promoter and if so, how much. B. All records to be maintained by subsection A. of this section must be made available to the division and the police department, for the purpose of audit and investigation, at any time the business is open. The escort service or outcall promoter's records may be examined at the place of business. C. All records required to be maintained by subsection A. of this section must be kept for not less than three years from the date of the entertainment visit. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.200 False, deceptive or misleading advertising prohibited.

4.110.200 - False, deceptive or misleading advertising prohibited. It is unlawful for a sexually oriented business licensee, or any independent contractor, agent or employee thereof, to publish, disseminate, display, or cause to be displayed by any advertising medium any statement that would suggest to a reasonably prudent person that any service other than that permitted by the business license is available to the public. Such an act is grounds for revocation of the license. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.210 Actual deception unnecessary to create liability.

4.110.210 - Actual deception unnecessary to create liability. It is sufficient in bringing any disciplinary action against the licensee, that any statement referred to in section 4.110.050 or 4.110.070 has a tendency to deceive or mislead the public because of its false, deceptive or misleading character even though no member of the public is actually deceived or misled by such statement. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.220 License fee.

4.110.220 - License fee. The license fee for a sexually oriented business license is one percent of the gross revenue. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.230 Term of licenses.

4.110.230 - Term of licenses. All licenses provided for in this chapter must be issued for semiannual periods, which must be calculated as described in section 4.04.080. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.240 Licensee responsible for the acts of employees.

4.110.240 - Licensee responsible for the acts of employees. Every licensee is responsible for the acts of his employees, agents and servants committed while on the licensed premises and during the course of employment away from the licensed premises, and every licensee must accordingly use adequate care in the selection of his employees. In any licensing suspension, limitation or revocation proceedings, the fact that the licensee did not have actual knowledge of the events complained of is no defense, and every licensee hereunder accepts his license subject to said condition. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.250 Licensee subject to discipline: Denial—Nonrenewal—Suspension—Revocation—Limitation.

4.110.250 - Licensee subject to discipline: Denial—Nonrenewal—Suspension—Revocation—Limitation. Without limiting the generality of the foregoing, all licensees under this chapter are declared to be subject to disciplinary action and may be subject to the process initiated by a complaint against licensee and set forth in section 4.06.040 et seq. under the following circumstances: A. Each licensee who violates any provision of title 4 of the Henderson Municipal Code; B. Each licensee who knowingly, and without taking immediate and affirmative steps to obtain sanction, does any act to sell, purchase or lease with any person in connection with a sexually oriented business or with respect to any portion of such business operation; C. Each licensee who knowingly fails to report or conceals from the council a full disclosure of the names of all persons having an interest in the ownership of, or having an equitable or beneficial right to the profits under a license in which he has an interest; D. Each licensee who knowingly fails to report or conceals from proper authority any information which it is his duty to supply under any statute, ordinance or regulation of the state or the city; E. Each licensee who made a misrepresentation of a material fact in his application to obtain a license; F. Each licensee who allows a minor under the age of 18 years to loiter in or around the premises; G. Each licensee who allows alcoholic liquor as defined in HMC chapter 4.36 to be present on the business premises; H. Each licensee who allows any form of gambling as defined in HMC chapter 4.32 to occur on the premises; I. Each licensee who employs a person under the age of 18 years; J. Each licensee who commits any of the offenses listed in HMC subsection 4.110.140 B.1.; K. Each licensee who fails to provide the division with changes in the identities of corporate officers, or any changes in the identities of partners or associates pursuant to HMC section 4.110.130; and L. Each licensee who solicits, commits, or participates in an act of prostitution. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.260 Alcoholic liquor not permitted.

4.110.260 - Alcoholic liquor not permitted. The division must not issue any liquor license, as defined in HMC chapter 4.36, to any business licensed pursuant to this chapter. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.270 Gambling not permitted.

4.110.270 - Gambling not permitted. The division must not issue any gambling license, as defined in HMC chapter 4.32, to any business licensed pursuant to this chapter. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.280 Reserved.

Henderson Municipal Code § 4.110.290 Conformity by businesses already in operation.

4.110.290 - Conformity by businesses already in operation. Those licensees not in conformity with the provisions of this chapter at the date of adoption of the ordinance codified in this chapter, must conform to the requirements thereof within a period not to exceed six months. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.300 Audit and inspection.

4.110.300 - Audit and inspection. The director or his or her designee and the auditor shall have access to the books, other business records, and premises of any sexually oriented business licensed under this chapter for the purpose of verifying the accuracy of business license fees paid and to ensure compliance with the specific provisions of this chapter. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.310 Right of appeal.

4.110.310 - Right of appeal. A. Disciplinary actions. Appeal rights of licensees subject to disciplinary action involving their business licenses are set forth in HMC section 4.04.210 and/or 4.06.290. B. License denials. Appeal rights of applicants that are denied a license by council are set forth in HMC subsection 4.110.140 C. C. Preliminary business license category determinations. HMC section 4.04.210 does not apply to preliminary business license category determinations initially made by the division to prospective applicants. 1. Any prospective applicant who disagrees with a preliminary business license category determination made in writing by the division and issued to the prospective applicant, may request a review of such preliminary determination by submitting a request for review to the chief financial officer and filing written notice of the same with the city clerk no later than the close of business on the fifth Henderson business day after the preliminary determination letter is sent from the division to the applicant via certified mail. 2. If the prospective applicant disagrees with the decision of the chief financial officer upon his or her review of all information (i) supporting the division's initial determination, and (ii) the basis of the prospective applicant's disagreement with the director's preliminary determination, the prospective applicant must request a review of the chief financial officer's decision by submitting a request for review to the city manager and filing written notice of the same with the city clerk no later than the close of business on the third Henderson business day after the chief financial officer's decision is sent to the applicant via certified mail. 3. The decision of the city manager, upon his or her review of all relevant information in this regard, shall be final. (Ord. No. 3246, § 1, 1-6-2015)

Henderson Municipal Code § 4.110.320 Reserved.

Henderson Municipal Code § 4.110.330 Enforcement guidelines.

4.110.330 - Enforcement guidelines. The city attorney shall create guidelines for the enforcement of the provisions of this chapter. (Ord. No. 3246, § 1, 1-6-2015)

Source: City of Henderson, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/henderson/codes/code_of_ordinances?nodeId=TIT4BURELI_CH4.110SEORBUFetched: 11/1/2026