Clark County |
Code of Ordinances |
Title 8. LIQUOR AND GAMING LICENSES AND REGULATIONS* |
Chapter 8.20. LIQUOR LICENSE REGULATIONS |
§ 8.20.115. Preliminary location determination.
An applicant may petition the board for preliminary determination of location suitability for a liquor license by filing a complete application for such determination with the director. A complete application for preliminary location suitability shall include payment of all required fees and proof of all of the following:
(a)
Ownership or long-term lease of the premises;
(b)
Proper zoning approvals and, if required, use permits for the license sought;
(c)
Certified statement or diagram from a registered land surveyor stating distances from all other existing liquor licenses, schools, churches, and teenage dancehalls within a one thousand five hundred foot radius of the entry door of the proposed liquor establishment. The points of measurement shall be as specified in the relevant sections of this chapter; and
(d)
Site plans and renderings of the proposed liquor establishment as prepared by a licensed architect or similar professional.
Location suitability may be approved for a period of twenty-four consecutive months by the board based upon a review of all documentation submitted and information presented. All applications for preliminary location suitability determination shall be subject to the provisions of Clark County Code Section 8.20.450 so that a public hearing, if required, shall be held at the time the application for preliminary location suitability is considered by the board. There will be no requirement for another public hearing at the time of the applicant's licensure, provided such licensure is granted during the term of the preliminary location suitability determination. Unless otherwise provided for in this section, there are no waivers, exceptions, or extensions of time on a location suitability, and the application must be presented to the board for determination at the next available Liquor and Gaming Licensing Board meeting after the complete application is filed with the department. For the purposes of this section, the twenty-four month period begins when the item is placed before the board for determination and expires at midnight of the last calendar day of the twenty-fourth month.
Once location suitability has been approved, the applicant must submit progress reports to the director, consisting of but not limited to, photos of the work site, copies of permits, work in progress reports, estimated completion dates of construction and opening of the business, and any other information that will show the status and progress of the project. Applicants approved for both liquor and gaming preliminary location suitability may submit consolidated reports for the project. Progress reports shall be due one hundred eighty days from the date of board approval of the location suitability, and every one hundred and eighty days thereafter until the business is licensed and open to the public. If the applicant fails to submit the progress reports when due, the location suitability shall automatically expire. Proof of application for required building permits for the construction or remodeling of the premises must be provided to the director no later than nine months from the date of board approval of the location suitability or such approval shall automatically expire, unless the director, upon receiving documentation showing just cause, grants a ninety-day administrative extension. Such proof must include the furnishing of applicable building permit application center ("PAC") numbers and "HTE" numbers for engineering/traffic/hydrology studies, reports and improvement plans, submitted to the county. Extensions on filing for the required permits must be requested by the applicant at least seven working days prior to the expiration of the initial approval or last granted extension. Extensions for filing required permits do not extend the twenty-four month period of an approved location suitability. An applicant must also submit a complete application, as defined in this chapter, for the liquor license at least eight months prior to expiration of the location suitability. The type(s) of liquor license(s) applied for must be the same as those for which the location suitability approval was granted.
The twenty-four month limitation, may, however, be extended by the board for two additional six-consecutive-month periods, if the applicant can show good cause that the additional time is needed, such as a showing of unanticipated delays caused entirely by a governmental agency that is required by this code to be involved in the applicant's location suitability and/or the liquor license approval process. However, satisfactory progress toward completion of the project and compliance with the requirements of this section must be demonstrated to the board before any extensions may be granted. The LVMPD may require updated personal history and/or financial questionnaires for those applicants for liquor licenses filed in conjunction with location suitabilities that extend twelve months beyond the date of filing the completed liquor application. In the event that an applicant withdraws the location suitability application, surrenders the location suitability, fails to meet all necessary requirements of this section, or an applicant fails to receive liquor license approval and commence business within the time period that was approved by the board for preliminary location suitability, a new location suitability application or liquor license application from the same applicant(s) or same owner(s) for that location/parcel of land may not be filed within ninety days of the date the department receives notice of withdrawal, surrender, expiration, or the last day of the period approved by the board.
A determination of location suitability is not an asset of the applicant and may not be transferred, assigned or sold. During any time that location suitability has been obtained and is in effect, if there is any cumulative transfer, assignment or sale of fifty percent or more of the applicant entity, then the location suitability approval automatically expires, effective the date of the transfer, assignment, or sale and a new location suitability application from that entity or any owner of that entity may not be filed for ninety days from the transfer, assignment or sale. Any transfer, assignment, or sale of less than fifty percent of the applicant entity shall be reported in writing to the director within ten calendar days of such transaction. Failure to report such transfer, assignment or sale as required shall be grounds for termination of the determination of preliminary location suitability. A change of corporate or other business structure name, or change of fictitious firm name, does not constitute a change of ownership nor does it interrupt the required suitability timelines as outlined in this section. Once location suitability has been granted by the board, that location will, be treated solely for the purpose of determining distance restrictions, as though it were licensed until such time as the location suitability expires or a liquor license is issued.
For the purpose of providing notice that the location has been approved for location suitability, a sign must be posted on the property facing each public roadway that borders the subject property and any such signs must be set back the minimum distance from the public right-of-way in accordance with the requirements of the department of development services. The sign must be posted within seven days of receiving location suitability approval from the board and must remain posted for the entire effective period of the location suitability determination or until the liquor license is issued. If the location suitability expires due to the applicant's withdrawal of the location suitability application or failure to comply with any of the requirements of this section, the sign shall be removed from the property within twenty-four hours of the expiration of the location suitability. The lettering on the sign must be at least six inches in height and the sign must be at least four feet by six feet in size.
The sign must state all of the following:
(1)
Date location suitability was received;
(2)
Date location suitability expires;
(3)
The type of business and liquor license for which the location suitability was granted; and
(4)
Name of the applicant and contact telephone number.
Any such location suitability determination [given] is subject to all conditions of Chapter 8.20. The applicant has the burden of convincing the board that the location is suitable for a liquor establishment at that location.
A location suitability determination does not grant or vest a liberty or property interest in or to a liquor license. A liquor license may be granted or denied depending upon applicant suitability, changing conditions, subsequent code amendments, code requirements, and board discretion at the time of the license hearing. The recipient of a location suitability determination builds or remodels at his or her own risk without recourse against the board or any of its members or staff if such location should fail to receive a liquor license or should fail to be profitable for any reason whatsoever.
Complete competing location suitability determination applications shall be presented to and reviewed by the board in the order in which they were received by the department.
The holder of an approved preliminary location suitability may petition the board to allow their site plan to change by filing an amendment to the location suitability with the director. The amendment shall not be accepted unless it is complete. A complete amendment for an approved preliminary location suitability shall include payment of an investigative fee of two hundred fifty dollars and proof of all of the following:
(a)
Proper zoning approvals and, if required, use permits for the license sought for the new site plan:
(b)
Certified statement or diagram from a registered land surveyor stating distances from all other existing liquor licenses, schools, churches, and teenage dancehalls within a one thousand five hundred foot radius of the new site of the new location of the entry door of the proposed liquor establishment. The points of measurement shall be as specified in the relevant sections of this chapter; and
(c)
New/revised site plans and renderings of the proposed liquor establishment as prepared by a licensed architect or similar professional.
An amendment of a location suitability approved by the board does not change the original date of approval for the location suitability application, nor does it interrupt the required suitability timelines as outlined in this section.
The applicant for such determination of location suitability must pay with the filing of the application a one thousand five hundred dollar nonrefundable location suitability investigation fee. Fifty percent of this fee may be applied toward the initial liquor licensing fee if the applicant receives its liquor license within the time period that location suitability has been obtained and remains valid and if the applicant for location suitability is the same entity as the liquor license applicant. For each request for an amendment to a location suitability, an investigative fee of two hundred and fifty dollars shall be assessed. For a request for six-month location suitability extension, an investigative fee of two hundred and fifty dollars shall be paid.
(Ord. L-237-06 § 2, 2006: Ord. L-230-05 § 1, 2005: Ord. L-216-03 § 1, 2003: Ord. L-206-01 § 2, 2001: Ord. L-205-01 § 1, 2001: Ord. L-198-00 § 1, 2000: Ord. L-196-00 § 2, 2000: Ord. L-189-99 § 2, 1999: Ord. L-119-92 § 1, 1992: Ord. L-104-90 § 1, 1990: Ord. L-87-88 § 1, 1988)