§ 8.08.170. Emergency suspension.  


Latest version.
  • (A) Notwithstanding any provision of this chapter, in an emergency the board may issue an order for immediate suspension or limitation of a liquor, gaming, escort bureau or dancehall license. Said emergency order shall state the reason for suspension or limitation and shall afford the licensee a hearing before the hearing officer in accordance with the procedures of Section 8.08.100, et seq. At the hearing before the hearing officer, the license may be suspended for a specific time, or until compliance with a specific requirement has been accomplished, or it may be conditioned, restricted or revoked at the option and discretion of the hearing officer.

    (B)

    In addition to the suspension provided in Section 8.08.210, the director (1) in an emergency, (2) for cause, or (3) upon report of code violation by any official government agency of specific acts which endanger the public welfare; and finding that such suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or public welfare, may suspend any alcoholic liquor license, all gaming licenses except those held by resort hotels as defined in Section 8.04.010 and any escort bureau license, until the next regularly scheduled meeting of the hearing officer.

    Written notice of the suspension shall be given by the director to the licensee. At its next regularly scheduled meeting, after such license suspension, the hearing officer shall determine whether such suspension shall be rescinded or shall continue. The hearing officer may revoke, restrict, suspend or condition the license.

    (C)

    In addition to the suspension provided in Section 8.08.210, the sheriff (or his authorized designee) in an emergency, for cause, or upon code violation of specific acts which endanger the public welfare; and finding that such suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or public welfare, may suspend any alcoholic liquor license, all gaming licenses except those held by resort hotels as defined in Section 8.04.010 and any escort bureau license for a period not to exceed eight consecutive hours.

    Written notice of the suspension shall be given by the sheriff (or his authorized designee) to the licensee and the director who shall afford the licensee a hearing before the hearing officer at the next regularly scheduled hearing officer meeting and in accordance with the procedures of Section 8.08.100. Nothing in this subsection shall preclude the director or the board from taking any additional action as the situation may merit (i.e., additional emergency suspension.)

    (D)

    A written notice of emergency suspension shall set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.

    (E)

    A written notice of emergency suspension is effective immediately upon issuance and service upon the licensee or its resident agent as is provided in the Nevada Rules of Civil Procedure or its key employee or managing agent at the licensed place of business. The written notice of emergency suspension may suspend, limit, condition or take other action in relation to the license of one or more persons in an operation without affecting other individual licensees or the licensed establishment. The written notice of emergency suspension remains effective until further order of the hearing officer pursuant to Section 8.08.210.

    Any person aggrieved by final decision or order of the hearing officer made after hearing may obtain a judicial review of questions of law thereof in the Eighth Judicial District Court.

    (Reg. G-129-94 § 1, 1994: Reg. G-82-86 § 1, 1986: Reg. G-75-85 § 11, 1985: Reg. G-58-80 § 58, 1980: Reg. G-9-61 § 19, 1961)

(Ord. No. L-258-18, § 14, 9-4-2018)