TEENAGE DANCEHALLS—NIGHTCLUBS

Henderson Municipal Code tit. 4, ch. 4.60

in effect

Henderson Municipal Code § 4.60.010 Definitions.

4.60.010 - 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 following meanings: Department means the department of finance business license division. Director means the business license supervisor or his designee in the business license division of the department of finance. Social dance means recreational dancing by persons who congregate together as a part of a social encounter in a dancehall, not a dance which is an integral part of an effort to express a position on a public matter or other expressive message. Teenage dancehall means an establishment in which social dances, attended by teenagers, are regularly held or conducted as a substantial part of the business, whether admission is by a set admission charge, the donation of money, or at no charge. Teenage dancehall does not include dance schools, places operated by government entities, schools, religious institutions, or any other place used by an establishment, association or organization which might occasionally host or sponsor a social dance for teenagers incidental to the entity's purpose. Teenage nightclub means an establishment providing live entertainment as a substantial part of the business in which teenagers regularly gather, whether admission is by a set admission charge, the donation of money, or at no charge. Teenage nightclub does not include places operated by government entities, schools, religious institutions, or any other place used by an establishment, association or organization which might occasionally host or sponsor live entertainment for teenagers incidental to the entity's purpose. Teenager means a person between the ages of 14 and 20 years old, inclusive. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.020 Statement of purpose and intent—Lack of qualifications to hold license.

4.60.020 - Statement of purpose and intent—Lack of qualifications to hold license. It is found and declared that the public health, safety, morals, good order and general welfare of the residents of the city require the regulation and control of all teenage dancehalls and teenage nightclubs. All teenage dancehalls and teenage nightclubs shall be licensed and regulated so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city and to safeguard the public. It is further found and declared that the right to obtain such a license is a privilege and that the license may be suspended, limited or revoked for violation of the conditions of this chapter. In conformity with the policy of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter: A. A person who violates, or has violated, the provisions of this chapter despite notice by the city; B. A person who has been convicted of a crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any controlled substance violation or any sex offense; C. A person whose license, issued under the provisions of this chapter, or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of businesses as defined in this chapter, has been denied, suspended or revoked for cause; D. A person who, at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application; E. A partnership, limited partnership association, limited liability company, or other business entity unless all of the members of such partnership, limited partnership association, limited liability company, or business entity are qualified to obtain a license; F. A corporation, unless it is incorporated in the State of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada; or G. A corporation, if an officer or director thereof would not be eligible to receive a license for any reason which would disqualify an individual applicant. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.030 Unlawful to operate without license.

4.60.030 - Unlawful to operate without license. It is unlawful to commence, carry on or engage in the business of operating a teenage dancehall or teenage nightclub without first having procured a license to do so in accordance with this chapter. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.040 License—Application—Consent to investigation.

4.60.040 - License—Application—Consent to investigation. Whenever a person desires to conduct any of the activities of a teenage dancehall or teenage nightclub in the city, such person shall completely execute the following: A. The application specified in section 4.04.060(A); B. Applicant's request to release information (HPD INV 40 [Rev. 1/01] or as may be amended) the contents of which are incorporated herein by reference; and C. Henderson police department personal history questionnaire (HPD INV 41 [2/01], or as may be amended) the contents of which are incorporated herein by reference and any other pertinent documents or information which the department may require in order to corroborate the information provided in the form. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.050 Investigation fees—Employees or agents to qualify the same as the applicant.

4.60.050 - Investigation fees—Employees or agents to qualify the same as the applicant. An applicant is required to pay to the department the investigation fee as set forth in chapter 4.03 for each person required to be licensed. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.060 No refund on investigation fee.

4.60.060 - No refund on investigation fee. Even though an applicant is denied a license after investigation, no part of the investigation fee deposited shall be returned to the applicant. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.070 Withdrawal of application—Refund.

4.60.070 - Withdrawal of application—Refund. If any applicant withdraws his application prior to the beginning of an investigation all investigation fees deposited shall be returned to the applicant. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.080 Investigation and issuance.

4.60.080 - Investigation and issuance. A. Upon receipt of the application, the department shall refer the applicant or employee or agent thereof to the Henderson police department which shall cause an investigation pursuant to chapter 4.03 of the Henderson Municipal Code. B. Upon the director's review of the application, the director shall refuse to issue a license to the applicant for any of the following reasons: 1. The applicant has been convicted of any felony, gross misdemeanor, or a misdemeanor involving a sex offense, trafficking in controlled substances, or any violent act against a person or property, such conviction having being entered within the ten years preceding the date of application; 2. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the ten years immediately preceding the date of application. C. The license application may also be denied for good cause as set forth in section 4.04.150(A), or because the applicant is not qualified as set forth in section 4.60.020. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.090 Fees—Further regulations.

4.60.090 - Fees—Further regulations. A. [Applicability of fees.] Teenage dancehalls and teenage nightclubs shall be subject to the fees set forth in section 4.05.010. B. Hours of operation. A teenage dancehall's or teenage nightclub's hours of operation shall end at 10:00 p.m. on any evening preceding a day in which the public middle or high schools in the city are open for classes and 12:00 midnight on any other day. No patron shall be permitted to enter or remain on the licensee's premises after closing. C. Written consent of parent/guardian. The licensee must not allow persons under the age of 16 to enter or remain on the premises without written authorization of a parent or guardian signed in the presence of the licensee. D. Age restrictions. No person under the age of 14 years of age or over the age of 20 (other than the parent or guardian accompanying his or her minor child) shall be allowed to enter or remain on the premises; provided however, that this restriction shall not apply to employees and agents of the licensee. E. Access to governmental agents. The director and all peace officers, fire department investigators or employees, licensing officers, or code enforcement officers shall have free access to a teenage dancehall or teenage nightclub for the purpose of inspection, or to enforce the conditions of the permit, applicable code provision, or law. F. Prohibition on alcohol and tobacco. No alcoholic beverage or tobacco in any form may be consumed, dispensed, or possessed by or to any person at a teenage dancehall or teenage nightclub. Furthermore, no patron may be present on the premises of a teenage dancehall or teenage nightclub who is under the influence of intoxicating liquor or a controlled substance. The prohibitions with regard to alcoholic beverages apply at all times, even when the premises are not being used as a teenage dancehall or teenage nightclub. G. Lighting. The establishment shall at all times during the operation thereof be illuminated with the following minimum lighting: 1. The interior space used by patrons, at least one footcandle per square foot measured at a height of 30 inches above the floor; and 2. On all outside premises, at least three footcandles per square foot measured at a height of 30 inches above the ground, unless a higher candle foot is required in a conditional use permit. H. Sanitary requirements. A teenage dancehall or teenage nightclub shall be equipped with separate, fully functional restrooms for males and females and shall be kept and maintained in a clean and sanitary manner. I. Supervision of restrooms. The licensee shall ensure that there is no cross-gender use of restrooms in violation of HMC [section] 8.60.085. J. Loitering/readmission. The licensee shall be responsible to be sure that no person loiters on or around the outside premises. Free passageway shall be kept open and unobstructed at all times for the ready passage for persons to and from the teenage dancehall or teenage nightclub. No patron admitted into a teenage dancehall or teenage nightclub shall be permitted to leave and thereafter re-enter the premises unless, if an admission charge was paid, the patron pays the admission fee again, or a readmission fee equal to or greater than one-half of the original price of admission. K. Occupancy load/seating. The licensee must comply with the adopted building code occupancy requirements. The maximum occupancy shall be posted above each door through which patrons may be admitted, and a number of persons in excess of the posted occupancy load shall not be admitted. The licensee shall maintain an accurate record of the number and identity (to include, at a minimum, a person's first and last name and date of birth) of persons present and upon request immediately present said count and identity information to any peace officer, fire department investigator or employee, director, licensing officer, or code enforcement officer. Seating shall be provided sufficient to accommodate at least one-half of the maximum occupancy. L. Security. Each teenage dancehall or teenage nightclub location shall provide at least two uniformed security guards who are licensed pursuant to and meet all requirements in chapter 648 of the Nevada Revised Statutes and licensed pursuant to HMC section 4.05.335 for the first 100, or portion thereof, persons who are anticipated to attend any function. For each additional 100 persons attending or anticipated to attend (whichever number is greater), one more duly licensed and qualified security guard shall be provided. Such security guards shall patrol and maintain order in and about the location, shall be vigilant to ensure that all regulations are complied with at all times, and shall supervise the cleanup of the trash and litter in the parking lot area and premises. In no event shall a teenage dancehall or teenage nightclub be open for business without having at least one such guard inside the location and at least one such guard in the parking area. This requirement shall not prevent security guards from temporarily assisting security guards elsewhere in or about the location if the circumstances absolutely require such assistance. M. [Compliance.] The licensee shall conform to all of the requirements pertaining to teenage dancehalls and teenage nightclubs in title 19 of the Henderson Municipal Code. Any business licensed as a teenage dancehall as of the effective date of this ordinance shall not operate as a teenage nightclub without first obtaining a conditional use permit as required in title 19. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.100 Transfer prohibited.

4.60.100 - Transfer prohibited. It shall be unlawful for any teenage dancehall or teenage nightclub licensee to transfer his license to any other person. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.110 License—Suspension—Revocation—Limitation.

4.60.110 - License—Suspension—Revocation—Limitation. Any license issued under this chapter may be revoked, limited, or suspended by the director for any of the reasons set forth in sections 4.60.080 or 4.04.150. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.120 Licensee responsible for the acts of employees.

4.60.120 - Licensee responsible for the acts of employees. Every licensee shall be responsible for the acts of his employees and agents committed during the course of employment or licensed activity. In any license suspension, limitation or revocation proceeding, the fact that the licensee did not have actual knowledge of the events complained of shall be no defense, and every licensee hereunder accepts his license subject to said condition. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.130 Licensee's agreement to conform to law.

4.60.130 - Licensee's agreement to conform to law. Acceptance of a license constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city as the same now are, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee to keep himself informed of the content of all such rules and regulations, and ignorance thereof will not excuse violations. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.140 Right of appeal.

4.60.140 - Right of appeal. Appeal rights of applicants are set forth in section 4.04.210. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.150 Judicial review.

4.60.150 - Judicial review. Procedure for judicial review of final decisions and order of the council are set forth in section 4.06.160. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.160 Emergency police order.

4.60.160 - Emergency police order. A. Without limiting the enforcement powers specified in HMC [section] 4.04.200, the chief of police or his designee may issue an emergency order to immediately cease operation upon a determination that there has been a violation of this chapter or the applicable conditions stated in the licensee's conditional use permit and that such order is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare within the city. B. An emergency order issued pursuant to this section shall: 1. Set forth the grounds upon which it is issued, including a statement of facts constituting the emergency necessitating such order; 2. Be effective immediately upon the issuance and service thereof on the licensee or its representative or, if either is not immediately present and available, upon posting of the order on the front door of the premises of the teenage dancehall or teenage nightclub; and 3. Indicate the period of time for which it is effective, which period shall be based upon the severity of the violation and the nature of the emergency as determined by the chief of police or his designee. C. A licensee may appeal the emergency order to the city council as provided in HMC [section] 4.04.210, and further appeal from the city council's decision pursuant to HMC [section] 4.06.160. (Ord. 2800, § 2, 1-20-2009)

Henderson Municipal Code § 4.60.170 Penalty for violation of chapter.

4.60.170 - Penalty for violation of chapter. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as the law allows for a misdemeanor crime. Whenever in this chapter any act is prohibited, or is made or declared to be unlawful, or an offense or a misdemeanor, or whenever in such chapter the doing of any act is required, or the failure to do any act is made or declared to be unlawful, or an offense or misdemeanor, the doing of any such prohibited act, or the failure to do any such required act, shall constitute a violation of this chapter. Every day of violation of this chapter constitutes a separate offense. Any person being adjudged guilty of a violation of this chapter or any of the provisions or prohibitions thereof may, in the discretion of the council, be denied a license thereafter. (Ord. 2800, § 2, 1-20-2009)

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_CH4.60TEDAIGFetched: 11/1/2026