[ PAGES 01 - 06 | PARENT PAGE | PAGES 13 - 19 ]
applicant must accept any risk of adverse public notice, embarrassment, criticism, or other action of financial loss which may result from action with respect to an application and expressly waive any claim for damages as a result thereof.
An application for a license, determination of suitability, or registration, shall constitute a request to the Board for a decision upon the applicant's general suitability, character, integrity, and ability to participate or engage in, or be associated with, houses of prostitution in the manner or position sought by the application. By filing an application with the Board, the applicant specifically consents to the making of such a decisioin by the Board.
An applicant may claim any privilege afforded by the Constitution of the United States, or of the State of Nevada, in refusing to answer questions by the Board. However, a claim of privilege with respect to any evidence or testimony pertaining to an application may constitute sufficient grounds for denial.
Every person wishing to engage in the business of conducting a house of prostitution outside an incorporated city must :
1. Make application to the Board for a license in such form prescribed by the Board.
2. File the application, with the application/investigation fee and the required license fee, with the County license collector, as provided in chapter 364 of Nevada Revised Statutes, who shall present the application to the Board at its next regular meeting.
3. Upon presentation and filing of such license application with the Board, the Board shall refer such application to the Sheriff for investigation to determine suitability for approval or consent of the Board to receive a license.
The application shall be made upon such forms as the Board may prescribe and shall contain at least the following information and minimal requirements for a license :
1. Evidence that applicant, or one applicant as
defined herein, is a bona fide resident of the State of Nevada and has been so for 6 months.
2. Names, ages, and addresses of all persons who will have any interest in the operation and/or premises, including but not limited to, interests set forth in subsection 12 below.
3. Names, ages, and addresses of persons who are or will be personally responsible for the conduct and management of the operation, in addition to the licensee.
4. At the time of application a photograph and a complete set of fingerprints of all persons listed in subsections 1, 2, and 3 of this Section will be taken by the Sheriff of Nye County, Nevada.
5. Names and addresses of every other business in which the applicant has any financial interest, including the type of business and the nature of the applicant's interest.
6. Names and addresses of all employers of the applicant in the preceding ten (10) years.
7. All of the applicant's addresses for the preceding ten (10) years.
8. A list of all prior arrests and prior convictions of the applicant for any crime, which list shall include a statement of the offense, the date and place of its occurrence, and/or date and place of convictions.
9. A complete and accurate audited financial statement of the applicant, which statement shall be current within six (6) months prior to filing, and supported by documents acceptable to the Board.
10. Business, occupation or employment of the applicant for the ten (10) years immediately preceding the date of application.
11. The house of prostitution business history of the applicant ; whether such person, in previously operating in this or another city, county, or state, has had any business license, or privilege license, revoked or suspended, the reason therefor, and the business activity or occupation responsible for such action of suspension or revocation.
12. A legal description of the property upon which the proposed operation is to be conducted, together with copies of all deeds, mortgages, deeds of trust, liens, or other
encumbrances, leasehold interests, or any other financial, leasehold or ownership interests relating to the premises.
13. Any other information deemed necessary by the Board.
14. The applicant shall sign and verify under penalty of perjury, the application, and any waivers or releases requested.
15. Each application shall be accompanied by a non-refundable application/investigation fee and license fee as provided herein.
16. If the applicant is a Nevada corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation filed with the Secretary of State. If a foreign corporation, the name shall be set forth exactly as shown on its certificate of good standing to do business in Nevada, issued by the Secretary of State, together with the name and address of the resident agent, names and residence addresses of each of the officers, directors, and each stockholder holding stock in the corporation. If the applicant is a partnership or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners, including limited partners, is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply.
17. Every person applying for a license to carry on or transact business under an assumed or fictitious name or designation which does not show the real name or names of the corporation or persons or persons engaged or interested in such business, must file with the county clerk, a certificate containing the information required by NRS 602.020.
18. No application shall be deemed to have been filed until such time as it is complete in all respects, and the board may reject for filing any application not completed on its face.
1. The Sheriff shall conduct a full investigation of all information pertaining to the license application, which investigation must include :
(b) An interview with each applicant, such interview may be personal, by telephone or mail as determined by the Sheriff.
(c) An interview, either personal or by mail, with all employers of the applicant and business associates of the applicant, as shown by the license application.
(d) Examination of the audited financial statement and financial background of the applicant.
(e) Any other investigation deemed necessary or useful by the Sheriff.
2. After an application is referred by the Board to the Sheriff, the Sheriff shall report upon it, in writing, at the following regular meeting of the Board, which report shall include, but not be limited to the following :
(b) A list of any errors or omissions found to exist in the application.
(c) An evaluation of the personal and financial status and background of the applicant.
3. After receiving the Sheriff's report, the Board shall at that meeting grant or refuse to grant the license prayed for or enter any other order consistent with this ordinance, including but not limited to :
(b) Require a personal interview with the applicant.
(c) Require the applicant to submit additional information relative to the application.
(d) Limit, or condition a license under the provisions of this ordinance.
4. The applicant shall have until the next regular meeting of the Board to furnish such additional information to the Board, or to appear for a requested personal interview by
the Board.
The Board, as defined in this ordinance, is the full and sole authority empowered to grant a license to operate a house of prostitution, and the sole authority to make, alter, and rescind all necessary ordinances or regulations setting forth the terms and conditions upon which such licenses may be applied for, the terms and conditions under which such licenses shall be granted, revoked, limited or cancelled, and any and all other ordinances or regulations necessary regarding the conditions under which said houses of prostitution may be allowed to operate.
The Board has the sole authority to cancel and rescind any and all such licenses for cause, after hearing, as herein provided, without refund of any monies previously thereto paid by, or for, said license.
Upon approval of all applications connected with a house of prostitution, the Board may issue a license, which license shall state :
1. The names and addresses of all licensees connected with the operation.
2. The address or location of the operation.
3. Any restrictions or limitations imposed by the Board.
4. The date of issuance of the license.
5. The date of expiration of the license.
6. All licenses shall be issued for a quarterly period.
7. Thirty days before the expiration date of any license, licensees shall apply to the Sheriff on the form provided for renewal.
8. Failure of any licensee to apply for a renewal, as required in subsection seven (7) above, shall result in an automatic revocation of the license on the expiration date thereof. Any license thus revoked may be reinstated only upon compliance by the licensee with the requirements of this ordinance relating to original license application and issuance.
9. The issuance and acceptance of a license shall constitute an undertaking and agreement by all persons in
reference to which the house of prostitution is licensed, that they will be bound by the terms, conditions and provisions of this ordinance, and regulations as may at any time hereinafter be made, enacted, or adopted by the Board, and shall include a consent to and an acknowledgement of the power and authority of the Sheriff, County Health Officer, District Attorney, and any other duly authorized agents thereof, to enter the premises to which the license applies, at any time during the day or night for the purpose of examining the premises and ensuring compliance with the terms of this ordinance.
10. No applicant has any right to receive a license, and any license issued and received is a revocable privilege personal to the holder thereof, and said holder acquires no vested right therein or thereunder, and the same shall not be transferred without prior approval of the Board.
11. Any license issued under the provisions of this ordinance is for the purpose of maintaining a licensed house of prostitution only, and does not entitle the holder thereof to sell, dispense or give away any alcoholic beverages.
The Board may refuse to grant a license to any applicant :
1. Who has been convicted of a felony.
2. Who is financially insolvent or who has undergone a prior bankruptcy proceeding filed by or against him that resulted in creditors receiving less than the total amount of money owed them.
3. Who has a history of financial instability.
4. Whose stated financial condition is inadequate or insufficient to operate a house of prostitution.
5. Who makes any untrue statement of a material fact in any application, notice, statement or report filed with the Board in compliance with the provisions of this ordinance, or wilfully omits to state in any such application, notice, statement or report any material fact which is required to be stated therein, or omits to state a material fact necessary to make the fact stated in view of the circumstances under which they were stated, not misleading.
6. Who has any financial interest in, or connection with any business which is illegal where such business is located.