§ 8.20.010. Declaration of policy.  


Latest version.
  • It is found and declared that the public health, safety, morals and welfare of the inhabitants of the county outside the incorporated cities and towns, both within and without the unincorporated cities and towns, require the regulation and control of all persons engaged in, associated with, or in control of, the business of liquor sales. All such persons, as defined in this chapter, shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the county outside the incorporated cities and towns both within and without the unincorporated cities and towns and to safeguard the public. It is further found and declared that the right to obtain such license is a privilege and that the operation of such liquor sales facility, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violation of the conditions of this chapter. In the event of a conflict with any of the provisions contained in any applicable chapter of Title 6 or 7 of the Clark County Code, the provisions of this chapter shall be controlling.

    (a)

    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:

    (1)

    A person who does not possess, or who does not have a reputation for possessing a good moral character;

    (2)

    A person who is under the age of twenty-one years;

    (3)

    A person who has been convicted of a crime involving moral turpitude, unless the board finds, that the applicant does not present, and is not likely to present in the future, a threat to county safety, morals and welfare, and will likely operate a lawful liquor establishment in compliance with the letter and intent of all liquor ordinances upon examination of:

    (A)

    The circumstances of the crime, and

    (B)

    The applicant's criminal history, and

    (C)

    The written recommendations of five or more residents of Clark County having reputations of integrity, two of whom are current liquor licensees in good standing;

    (4)

    A person who the licensing board determines is not a suitable person to receive or hold a license, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the county, outside the incorporated cities and towns both within and without the unincorporated cities and towns;

    (5)

    A person whose license issued under this chapter has been revoked for cause within the past ten years;

    (6)

    A person who, at the time of application for renewal of any license issued under this chapter, would not be eligible for such license upon a first application;

    (7)

    A partnership, if any of the partners required under this chapter to file an application are not qualified to obtain a license or are determined by the board to be unsuitable to hold a license;

    (8)

    A corporation, if any officers, directors or shareholders required under this chapter to file an application are not qualified to obtain a license or are determined by the board to be unsuitable to hold a license;

    (9)

    A limited liability company, if any members or managers required under this chapter to file an application are not qualified to obtain a license or are determined by the board to be unsuitable to hold a license;

    (10)

    A trust, if any trustors, trustees or beneficiaries required under this chapter to file an application are not qualified to obtain a license or are determined by the board to be unsuitable to hold a license;

    (11)

    A corporation, partnership or limited liability company, unless it is formed under the laws of Nevada or unless it is a foreign business entity which is qualified under the laws of Nevada to transact business in Nevada;

    (12)

    A person whose place of business is supervised by a key employee unless the key employee possesses the same qualifications and determination of suitability required of an individual licensee;

    (13)

    A person who does not beneficially own the premises for which a license is sought or does not have a lease or other evidence of property rights for the premises for which the license is sought for the full period for which the license is to be used;

    (14)

    A person who is not a beneficial owner of the business to be operated by the licensee.

    (b)

    In conformity with the policy of this chapter, the liquor board may deny a license upon its discretion when:

    (1)

    In the judgment of the board, the granting of such license may tend to create or constitute a public nuisance;

    (2)

    By the granting of such license, a disorderly house or place may be maintained;

    (3)

    The granting of such license may seriously and adversely affect the valuation of adjoining and contiguous property;

    (4)

    The board is satisfied that the applicant is not a fit and proper person to operate the business contemplated by the application;

    (5)

    In the judgment of the board, there are ample and sufficient licensees and establishments in the area or place for which the license is to be used to properly serve such area or place;

    (6)

    For any other and sufficient reason.

    (c)

    In conformity with the policy of this chapter, licenses for the sale or service of alcoholic liquor shall not be granted to any businesses except those specifically authorized under this chapter.

(Ord. L-212-2 § 2, 2002: Ord. L-177-97 § 1, 1997: Ord. L-59-86 § 1, 1986: Ord. L-36-80 § 1, 1980: Ord. L-25-78 § 1, 1978; Ord. L-23-77 § 1, 1978: Ord. L-10-69 § 1, 1969: Ord. L-7-65 § 1, 1965)