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NYE COUNTY ORDINANCE NO. 129
SUMMARY : An ordinance amending Title 9, Chapter 9.20 of the Nye County Code relating to licensing, regulating and controling prostitution, prohibiting certain conduct in connection therewith, and providing for the assessment and collection of fees.
TITLE : AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.20 OF THE NYE COUNTY CODE ADOPTING AND DECLARING THAT HOUSES OF PROSTITUTION LICENSED AND OPERATED IN ACCORDANCE WITH THIS ORDINANCE WILL PROTECT THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE AND DOES NOT CONSTITUTE A PUBLIC OFFENSE ; PROVIDING FOR DEFINITIONS USED HEREIN ; PROHIBITING THE OPERATION OF A HOUSE OF PROSTITUTION EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE ; ESTABLISHING A LICENSING BOARD ; ESTABLISHING THE POWERS AND DUTIES OF THE LICENSING BOARD ; PROVIDING FOR APPLICATIONS GENERALLY ; PROVIDING THE PROCEDURE FOR WAIVER OF PRIVILEGE OF APPLICANTS ; ESTABLISHING A PROCEDURE FOR THE FILING, CONTENTS AND INVESTIGATION OF LICENSE APPLICATIONS ; ESTABLISHING A PROCEDURE FOR ISSUING, RESTRICTING OR DENYING A LICENSE ; PROVIDING FOR THE REGISTRATION OF LICENSEES AND EMPLOYEES ; PROVIDING FOR HEALTH EXAMINATIONS AND TESTS OF PROSTITUTES ; ESTABLISHING GENERAL PROHIBITIONS ; PROVIDING FOR SUSPENSIONS OR REVOCATIONS OF LICENSES, SUSPENSION OR REVOCATION OF REGISTRATION CARDS, AND DISCIPLINARY PROCEEDINGS ; PROVIDING FOR HEARINGS ; PROHIBITING CERTAIN ABSENTIA OWNERSHIP ; PROHIBITING TRANSFERS OF LICENSES ; ESTABLISHING PROCEDURE FOR TRANSFER OF OWNERSHIP OR INTEREST OF HOUSES OF PROSTITUTION ; PROVIDING FOR THE DISPLAY OF LICENSES ; ESTABLISHING APPLICATION/INVESTIGATION FEE ; ESTABLISHING QUARTERLY LICENSE FEE ; ESTABLISHING QUARTERLY REGISTRATION FEE ; ESTABLISHING TIME LIMIT FOR FILING APPLICATION FOR LICENSES FOR HOUSES OF PROSTITUTION ; PROVIDING PENALTIES FOR VIOLATIONS HEREOF ; PROVIDING FOR THE CONSTITUTIONALITY, SEVERABILITY AND EFFECTIVE DATE HEREOF ; REPEALING ALL ORDINANCES AND REGULATIONS OR PARTS OF ORDINANCES AND REGULATIONS IN CONFLICT HEREWITH ; AND OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the public health, safety, morals and welfare will be protected by the adoption of an ordinance licensing prostitution, for revenue and regulation, outside incorporated cities within Nye County, Nevada ; and
WHEREAS, the public health, safety, morals and welfare will be promoted by prohibiting prostitution outside incorporated cities within Nye County, Nevada, except as conducted in accordance with the provisions of such ordinance ; and
WHEREAS, the public health, safety, morals and welfare require the regulation and control of all persons engaged in, associated with, or in control of, the business of prostitution ; and
WHEREAS, the Licensing Board is empowered, pursuant to the provisions of Chapter 244 of Nevada Revised Statutes, to license, tax and regulate prostitution outside incorporated cities within Nye County, Nevada ; and
WHEREAS, the legalization of prostitution under strict medical control and police supervision, control, and enforcement will operate to substantially reduce the incidence of venereal and other contagious or infectious disease and the crime rate within Nye County, and as such is necessary for the preservation of the public health, safety, morals and welfare of the citizens and residents of Nye County, Nevada ; and
WHEREAS, pursuant to the authority contained in Nevada Revised Statute 244.345 and Nye County Ordinance No. 119, a Licensing Board was created, designating the members of the Licensing Board to be the County Commissioners and the Sheriff of Nye County, Nevada ;
NOW, THEREFORE, the County Commissioners of the County of Nye, State of Nevada, do ordain :
Adoption of this ordinance, amends Title 9, Chapter 9.20 of the Nye County Code and provides for the licensing and regulation of prostitution ; for revenue and regulation ; prohibits any prostitution outside an incorporated city in Nye County, Nevada, except as conducted in accordance with the provisions of this ordinance ; declares that prostitution conducted in accordance with the provisions of this ordinance does not constitute a public offense ; and will protect the public health, safety, morals and welfare of the residents of Nye County.
For the purpose of this ordinance, the following words and phrases shall have the meanings respectfully ascribed to them by this section :
1. Applicant. Applicant means any person as defined in subsection 16 requesting licensing, finding of suitability, approval or consent of the Board under the provisions of this ordinance.
2. Audited Financial Statement. Audited Financial Statement means an examination of financial statements which complies with the objective of an ordinary examination of financial statements by the independent auditor, containing an expression of an opinion on the fairness with which they present financial position, results of operation and changes in financial position in conformity with generally accepted accounting principles.
3. Board. The Licensing Board means the Board of Nye County Commissioners and the Sheriff of Nye County.
4. Brothel. Any establishment having a source of income or compensation derived from the practice of prostitution as defined in subsection 19, and which has a fixed place of business where any person engages in or carries on any of the activities as defined in subsection 11.
5. Certified Public Accountant. Certified Public Accountant means a person possessing a current certificate from the Nevada State Board of Accountancy to conduct business in Nevada as a Certified Public Accountant.
6. Clerk of the Board. Clerk of the Board means the Nye County Clerk.
7. County. County means County of Nye, State of Nevada.
8. Emergency. Emergency means a sudden or unexpected or unforeseen health or safety hazard calling for immediate action or remedy to safeguard the public health, safety, morals or welfare of the inhabitants of Nye County, Nevada.
9. Employee. As used in this ordinance, employee shall mean any person engaged in an act or acts of prostitution for any licensee, whether actually employed as an independent contractor or otherwise by said licensee, or any person engaged in management, sale, or in any way represents or is held out as
representing the interests of a house of prostitution as defined herein.
10. Fee. Fee means license fee, application/investigation fee, and registration fee.
11. House of Prostitution. House of prostitution is hereby defined to be any house, building, trailer (with or without wheels), vehicle, tent, or other structure or premises as defined herein, wherein or whereon acts of prostitution are committed, or offered to be committed.
12. License. License means a license issued by the Board authorizing a person to operate a house of prostitution.
13. Licensed Operation Location. Licensed operation location means premises deemed by the Board to be suitable locations for a house of prostitution in accordance with the provisions of this ordinance.
14. Licensed Operation or Operation. A house of prostitution duly licensed and operated in accordance with the provisions of this ordinance.
15. Licensee. The person to whom a license has been issued to own or operate a house of prostitution as defined herein.
16. Person. Any natural person, partnership, limited partnership, firm, association of persons, joint stock company, corporation, or combination of individuals of whatever form or character.
17. Premises. Premises means houses of prostitution as defined in subsection 11, and the land whereon houses of prostitution are located.
18. Prostitute. Any person who, in the course of any employment, either directly or indirectly, engages in acts of prostitution as defined in subsection 19.
19. Prostitution. Prostitution means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
20. Registrant. Those persons and employees required to register with the Board and/or Sheriff under the provisions of this ordinance.
21. Regular meetings of the Board. Regular meetings of the Board shall be held on the first Tuesday of the first consecutive Tuesday and Wednesday of each month.
22. Sanctions. Sanctions mean limiting, suspending, restricting or revoking a license and/or registration card.
23. Sexual Conduct. Sexual conduct means any of the acts defined in Section 19 herein.
24. Solicitation. Solicitation means any person who :
(b) Offers to engage in sexual conduct as defined herein.
Any person who engages in prostitution or operates a house of prostitution without first having obtained a license and having paid the license fee as provided herein is guilty of a misdemeanor.
1. Pursuant to the statutory authority contained in NRS 244.345, a Licensing Board is hereby created, composed of the Board of Nye County Commissioners and the Sheriff of Nye County.
2. It shall be the duty of the Board to carry out the terms and provisions of this ordinance, and to see that this ordinance is faithfully enforced.
The powers of the Board shall include, but shall not be limited to, the following :
The Board is empowered and commissioned to act without additional compensation to the Board or the Clerk, to :
1. Fix, impose, and collect fees as herein provided.
2. Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the
licensee.
3. Adopt, amend, and repeal regulations relating to licenses and licensees.
4. Restrict, revoke, or suspend licenses for cause, after hearing, as herein provided. In an emergency, the Board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitations and afford the licensee a hearing as herein provided.
5. The Board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing as herein provided.
6. Notice of such hearing must be published in a newspaper published and having general circulation in the County at least once a week for a period of two (2) weeks before the hearing.
7. Upon adoption of new regulations, the Board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the County Clerk.
8. A majority vote of the members of the Board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
It is the declared policy of the Board that all establishments, where houses of prostitution are conducted or operated, are licensed and controlled so as to better protect the public health, safety, morals, good order and welfare of the inhabitants of Nye County.
Any license which is issued, or registration, or finding of suitability, or approval by the Board shall be deemed to be a revokable privilege and no person holding such a license or registration, or finding of suitability, or approval of the Board is deemed to have acquired any vested rights therein.
An applicant for a license is seeking the granting of a privilege, and the burden of proving their qualifications to receive a license is at all times on the applicant. An