§ 6.04.090. Issuance—Approval—Denial—Suspension—Revocation—Nonrenewal—Appeal.

(a) Any business license applied for under the provisions of Titles 4, 5, 6, 7, 8 or Chapter 9.04 of this code, the approval of which is determined by the director or board, may be denied, revoked, suspended, or not renewed by the director or board, as applicable, for any of the following reasons: (1) failure to comply with any provision of this code; (2) failure to obtain all approvals required pursuant to subsections (b) and (c) of this section; (3) violation of any federal or state law which would be grounds for denial of the license; or (4) false, misleading, or fraudulent statements made in the application or supporting documentation.

(b)

Except as otherwise provided in subsections (d) and (e), for all new applications, the business location will be approved, with or without conditions, limitations, performance expectations, and/or special land use requirements, if applicable, or disapproved by the current planning division of the department of comprehensive planning, based on compliance with the Uniform Development Code (Title 30), within five working days from receipt of a request from the department.

(c)

Except as otherwise provided in subsections (d) and (e), for all new applications, the business premises shall be subject to inspection or code compliance review and will be approved or denied by the fire department, and, as applicable, the health district, department of air quality, animal control, and/or other county agency or department. Each county agency or department shall issue an approval or disapproval, based on the results of their inspection or code compliance review, within ten working days from receipt of a request from the department. Other federal or state approvals may also be required if specifically provided for in any section of this code, Nevada Revised Statutes, or federal law, and shall, in as much as is practicable, be conducted within ten working days of receipt of a request from the department. In the event an application results in the need for the fire department, health district, department of air quality, animal control, or other inspecting agency to perform an inspection of two or more individual business license categories at a single business location, the applicable inspecting agency shall perform the required inspection during a single visit to the business location.

Prior to the approval and issuance of a business license, the department may also require an inspection of the business premises by an agent of the department.

(d)

In the event a new license application is received from an applicant who will be conducting business at a location wherein the immediately preceding occupant was licensed by the department for the same type of business activities and operations to be conducted by the applicant, and there will be no changes made to the structure of the premises, the inspections pursuant to subsections (b) and (c) may not be required by the department.

(e)

In the event a new license application is received from an applicant who will be conducting business at a location wherein another business already holds a business license for the same or similar business activities and there will be no changes made to the structure of the premises, the inspections pursuant to subsections (b) and (c) may not be required by the department.

(f)

In the event that any business fails to pass a required inspection, is issued a license or permit denial by an inspecting agency, or is issued a code citation or notice of code violation by an inspecting agency, the applicable inspecting agency shall forward notice of the inspection results as well as documentary evidence supporting the inspection results to the department within ten working days.

(g)

The director and any other officer designated by the director shall have the power and authority to enter any store, building or other place in which such business is being conducted at any time during the business hours and have access to inspect the business for the purpose of ascertaining compliance with the provisions of the Clark County Code and any applicable franchise agreements.

(h)

In order to ensure compliance with this code and to provide for the public peace, health, safety, order, and welfare, the director shall have the power and authority to at any time require an inspection of any business by the comprehensive planning department, building department, fire department, health district, department of air quality, code enforcement, and/or other local, state, or federal agency, as applicable based on the nature of the business and/or the activities being conducted at the business location. The inspecting agency shall forward the results of the inspection, along with any applicable evidence supporting the inspection results, to the director within ten working days after the request for inspection is received from the department.

(i)

New applications will be approved or denied by the director within forty-five working days of receipt of a complete application or referred to the board for approval or denial of license as required within sixty working days of receipt of a complete application unless a different time period is specifically provided within the appropriate licensing chapter.

The director shall not approve an application without having received all approvals pursuant to subsections (b) and (c) of this section as well as any other necessary investigations deemed applicable to the license as provided for in this code.

In the event an applicant fails to pass a public safety inspection, public health inspection, or other necessary investigation deemed applicable to the license, the applicant will be notified in writing and the forty-five working days allowed for license approval by the department will be tolled to prevent a denial of the business license. The tolling period shall remain in effect until a subsequent passing result is issued by the inspecting agency, but in no event shall the tolling period exceed thirty working days.

(j)

If the director denies, revokes, suspends, or does not renew a license, the applicant may appeal the director's action to a hearing officer by filing written notice with the director within thirty days after the date of the department's written notification of the denial, revocation, suspension, or nonrenewal. After notice and hearing, the hearing officer may affirm or reverse the action by the director and/or condition or limit the license as the evidence may warrant. Any person aggrieved by a decision of the hearing officer may file or cause to be filed a petition for judicial review of the hearing officer's decision in the District Court, as provided by Nevada Revised Statutes Chapter 34.

(Ord. 3723 § 1, 2008: Ord. 2388 § 4, 1999: Ord. 1608 § 1, 1994: Ord. 1448 § 1, 1992: Ord. 1367 § 1, 1992: Ord. 709 § 14, 1980: Ord. 621 § 14, 1979: Ord. 134 § 23, 1961)

(Ord. No. 3952, § 9, 5-17-2011)