§ 6.04.005. Definitions.
As used throughout this chapter, and Titles 4, 7, 8, 9 and 12, the words and terms have the meanings ascribed to them unless a different meaning clearly appears in the context where used, or unless specifically defined in an applicable section.
"Applicant" means any person who has applied for a county business license, approval of suitability, work identification card or any permit.
"Application" means documentation notifying the county of intent to:
(1)
Seek permission to engage in business;
(2)
Seek approval of suitability;
(3)
Seek work identification card or any permit.
"Board" means the board of county commissioners of Clark County, Nevada.
"Business" means any business, commercial enterprise, trade, occupation, calling, profession, vocation or activity engaged in, conducted or carried on by any person, agent or employee for the purpose of gain, benefit or advantage, either direct or indirect.
"Charitable organization" means an organization which:
(1)
Has been in existence for more than three years;
(2)
Has one hundred or more members;
(3)
Is exempt from federal income tax pursuant to Section 501 of the United States Internal Revenue Code;
(4)
Devotes its net earnings exclusively to religious, charitable, scientific, literary, educational or fraternal purposes; and
(5)
Has received from the Secretary of State its certificate of nonprofit corporation, association or society.
"Corporation" includes and refers to any and all natural persons acting or purporting to act in any managerial capacity or exercising or purporting to exercise any control as to any or all of the day-to-day business operations and decisions of its corporate business in Clark County, Nevada whenever a background investigation is required for licensure of a corporation.
"County" means, unless otherwise indicated, that portion of Clark County outside the incorporated cities and towns, both within and without the unincorporated cities and towns.
"Department" means the department of business license of Clark County.
"Director" means the director of the department.
"Employee" means any person who performs services for another for hire, salary, wages or any other kind of compensation, whether or not the services are casual, temporary or permanent, and whether or not the contract of service is express or implied, oral or written, and/or when the employer withholds federal income tax.
"Establishment" means any business conducted in or upon any premises, and includes any contiguous buildings, improvements, equipment and facilities used or maintained in connection with such business at the same location.
"Gross sales" means the gross volume of business from all sales, service and other business transactions as measured by gross revenue and gross receipts.
"Gross revenue" means all revenue received by the business from sales, service and other business transactions minus deductions only for returns, refunds, any tax on fuel or retail sales that is collected by the business, and discounts. The business may also allocate and apportion gross revenue pursuant to the formula set out in Section 6.08.100 of this code.
"Gross receipts" means actual payments received in cash or in kind, less deductions specified in gross revenue.
"License" means the document granting permission to the applicant to engage in business issued by or through the department.
"Licensee" means any person to whom a valid license has been issued pursuant to Title 4, 6, 7, 8 or 9.
"License fee or license tax" means any money required by law to be paid to renew or maintain a current license.
"Location" means the place where the business is to be operated at or from.
"LVMPD" means the Las Vegas metropolitan police department.
Moral Turpitude. A crime involving "moral turpitude" is any crime, including conspiracy to commit the crime, which:
(1)
Involves an overt act of intentional dishonesty or fraud for the purpose of personal gain; or
(2)
Involves an act of baseness, vileness or depravity in private and social or public duties which a person owes to his fellow person or to society in general, contrary to the accepted rule of right and duty between person and persons.
In any license category or work identification card matter in which a conviction of a crime involving moral turpitude is grounds for disqualification for a license or work identification card, the board may, upon receiving five affidavits testifying to the good moral character of the applicant and a letter, if an employee, from the licensee that acknowledges disclosure of any criminal history and a willingness to employ said applicant, grant such license or work identification card if the conviction occurred more than five years prior to the application pursuant to Chapter 6.10 or more than one year if pursuant to a specific chapter provision as to moral turpitude and, after reviewing the applicant's criminal history, the board is convinced that the applicant does not present, and is not likely to present in the future, a threat to county safety, morals and welfare through the operation of the business for which the license or work identification card is sought and does not conflict with any specific portion of the Nevada Revised Statutes as to work identification card or license issuance.
"Multi-jurisdictional license" means a business license issued by a primary jurisdiction authorizing a business to also operate in participating jurisdictions within the county as selected by the applicant/licensee.
"Non-primary jurisdiction" means a participating jurisdiction within the county wherein a business does not have a fixed location, but in which the applicant/licensee has identified it intends to conduct business. The non-primary jurisdiction is not responsible for maintaining the records, the issuance of a license or the renewals for a multi-jurisdictional business license.
"Participating jurisdiction" means a jurisdiction within the county that is a party to the agreement that allows a business to operate in one or more jurisdictions pursuant to such agreement.
"Person" includes any association, corporation, firm, partnership, trust or other form of business association or organization as well as a natural person and the estate of a natural person.
"Personal representative" means any person authorized to act on behalf of a person.
"Premises" means land together with all buildings, improvements, and personal property located thereon.
"Primary jurisdiction" means a participating jurisdiction within the county wherein a business has its fixed location, or, if a business does not have a fixed location in any participating jurisdiction, the primary jurisdiction shall be the first participating jurisdiction in which such business intends to conduct business. The primary jurisdiction shall be responsible for maintaining the records, the issuance of a license and the renewals for a multi-jurisdictional license.
"Processing fee" means the nonrefundable fee required by law to be paid to process an application to obtain, renew or maintain a license.
"Professional" means any person that:
(1)
Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS Title 54 Chapter 622 or who is regulated pursuant to the Nevada Supreme Court Rules;
(2)
Has obtained a bachelor's (or the equivalent thereof as determined by the applicable regulatory body) or higher degree in the particular field of study from an accredited institution as specified by the regulatory body or Nevada Supreme Court Rules; and
(3)
Practices his/her profession for any type of compensation.
"Professional business" means any form of business entity, comprised of one or more "professionals," created for the purpose of practicing the profession for which a license, certificate, registration, permit or similar type of authorization is issued by a regulatory body as defined in NRS Title 54 Chapter 622 or regulated pursuant to the Nevada Supreme Court Rules, for any type of compensation.
A professional business is required to obtain a professional business license in accordance with this chapter and pay annual business license fees in accordance with Section 6.12.1005 of this chapter.
(Ord. 3317 (part), 2005: Ord. 2091 § 1, 1998: Ord. 1722 § 1, 1995: Ord. 1705 § 1, 1995: Ord. 1610 § 1, 1994: Ord. 1368 § 1, 1992: Ord. 1126 § 1, 1988: Ord. 1054 § 1, 1987)
(Ord. No. 3994, § 1, 12-6-2011)