(b) For a licensee of any licensed house of prostitution, or for any employee of such licensee, to compel, entice, encourage, permit, or suffer any person under the age of twenty-one (21) years to enter or be a patron of any licensed house of prostitution.

(c) For any licensed operation, licensee, or for an employee of any licensee, to sell, dispense, or give away any alcoholic beverages to anyone under the age of twenty-one (21) years upon the premises of a licensed house of prostitution.

(d) For any person to engage in prostitution or solicitation therefore, except in a house of prostitution licensed hereunder.

(e) For a licensee, agent or employee of a licensee, or anyone acting on behalf of any such person to allow anyone who has tested positive to the human immunodeficiency virus, in a test approved by the State Board of Health and who has received written notice of that fact, to work as a prostitute in any licensed operation.

9.20.170 SUSPENSION OR REVOCATION OF LICENSE ; SUSPENSION OR REVOCATION OF REGISTRATION CARD ; DISCIPLINARY PROCEEDINGS.

1. The Board may impose sanctions, as defined herein, for any of the following causes :

(a) Any cause that would constitute grounds for denial of a license or registration card.

(b) Violation of this ordinance or conviction of any other County Ordinance, State or Federal law or regulation involving moral turpitude by a licensee or employee.

(c) The licensee knowingly permitting the existence of any health or safety hazard upon the premises occupied by the licensed operation or employing any person as a prostitute when such person does not have a current and valid health certificate.

(d) Refusal of the licensee or employee to comply with any lawful order issued by the board.

(e) Any cause which the Board may determine, after hearing, as provided herein, to be deleterious to the health, safety, morals and general welfare of the general public.

(f) If a licensee, agent or employee, or anyone acting on behalf of such person suffers a criminal conviction for a violation of NRS 201.430 or NRS 201.440.

2. Except as otherwise provided herein, before taking any disciplinary action against the licensee or employee the Board shall :

(a) Provide the licensee or employee against whom the proceedings are brought, written specifications charging the licensee or employee with the acts or failures upon which the disciplinary proceedings are brought. The charging instrument shall be subscribed to and verified. The respondent must answer within ten (10) days after service of the charging instrument. Service shall be effected in the same manner as herein provided for service of the notice of hearing.

(b) The respondent's answer must :

(1) State in short and plain terms the defenses to each claim asserted.

(2) Admit or deny the facts alleged in the charging instrument.

(3) State which allegations he/she is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.

(4) Affirmatively set forth any matter which constitutes an avoidance or affirmative defense.

(5) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing, and to judicial review of any decision or order of the Board, but the Board may order a hearing even if respondent so waives his/her right.

(c) Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the charging instrument. The Board may take action based on such an admission and on other evidence without further notice to the respondent. If the Board takes action based on such an admission, it shall include in the record what evidence such action was based on.

(d) Give written notice of hearings, providing the time, date, and place.

(e) Notice of hearing shall be served upon the licensee or employee or posted upon the premises of the

house of prostitution.

(f) Conduct a hearing upon the charges alleged against the licensee or employee.

9.20.180 HEARINGS.

At all hearings before the Board, the following procedure shall apply :

(a) Oral testimony may be taken only upon oath administered by the Clerk.

(b) The parties to the hearing have the right to :

(1) Call and examine witnesses ;

(2) Introduce exhibits relevant to the issues of the case, including transcripts of testimony at any previous hearing conducted by or on behalf of the Board ;

(3) Introduce transcripts of hearings conducted in Courts of Record of this State, any other State, and Courts of the United States ;

(4) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered on direct examination ;

(5) Impeach any witness regardless of which party first called him to testify ; and

(6) Offer rebuttal evidence.

(c) If the respondent does not testify in his or her own behalf, he/she may be called and examined as if under cross-examination.

(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.

(e) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.

(f) The Board may take official notice of any generally accepted information and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the Board.

(g) Consider all evidence and testimony in support of and in opposition to the charges.

(h) Enter in the minutes of the Board the findings, conclusions, decision and action taken by the Board. Any sanctions imposed upon a licensee or employee by the Board may include expenses and costs of the proceedings.

4. Notice of the Board's findings, decision and order shall be served upon the licensee or employee, or posted upon the premises of the licensed operation.

5. Any suspension, limitation, restriction or revocation of a license or registration card shall be effective upon service or posting notice of the same.

6. Upon issuance and service of the order, the licensee or employee shall immediately cease the proscribed activity.

7. A return of service shall be filed with the Clerk by the person effecting such service.

9.20.190 ABSENTIA OWNERSHIP PROHIBITED.

All licensees and their managers must be available to the Board at all times, and can not operate the premises from addresses located in other states.

9.20.200 LICENSE NOT TRANSFERABLE.

1. No license granted under this ordinance may be transferred.

2. All licenses granted under this ordinance shall be for operations conducted on the property described in the application only, and no operation shall be added to or removed without a new license application and approval.

9.20.210 TRANSFER OF OWNERSHIP OR INTEREST.

1. Licensee(s) shall not sell, lease, barter, hypothecate or give away any interest in, or create or enter

into any trust agreement or any agreement of any sort relative to any operation or premises, or any portion of such operation or premises, without notification to and receiving prior approval from the Board.

2. Nothing contained in subsection 1 above shall prevent the licensee(s) from surrendering the license to the Board and immediately terminating operations and/or the operation.

9.20.220 DISPLAY OF LICENSE.

Every person to whom or for whom a license shall have been granted pursuant to the provisions of this ordinance shall display such license in a conspicuous place within the house of prostitution so that the same may be readily seen by persons entering the premises.

9.20.230 FEES.

The following fees are adopted and required by this ordinance :

1. Application/Investigative Fee. Each application for a license to operate or conduct a house of prostitution must be accompanied by a check or money order in the amount of ONE THOUSAND DOLLARS ($1,000.00) for each person as defined herein. Payment of the non-refundable application / investigation fee is a condition precedent to beginning an investigation.

(a) The Board may require payment of supplementary investigative fees, as necessary, as a condition precedent to continuing an investigation.

(b) The Board will not take final action with respect to any application until all investigative fees have been paid in full.

2. License Fee. Every licensed operation shall pay a quarterly license fee for each calendar quarter, or any portion thereof, of ONE THOUSAND DOLLARS ($1,000.00).

3. Registration Fee. Registration fee of FIFTY DOLLARS ($50.00) shall be required for each calendar quarter, or any portion thereof, and for each registration or re-registration.

4. The fee paid by one licensee shall not inure to the benefit of another licensee.

5. No proration of any required fee shall be allowed

or granted unless herein provided.

6. The registration fee so paid shall be evidenced by the registration card. Each licensee shall be responsible to ensure that each employee has a current registration card. The licensee shall immediately notify the Sheriff of the termination of any employee from the licensed location.

7. All fees shall be collected and disposed of by the Sheriff in the manner provided in Chapters 364 of Nevada Revised Statutes.

8. Unless otherwise provided herein, no fees collected pursuant to the provisions of this ordinance, or portions thereof are refundable.

9.20.240 TIME LIMIT FOR FILING APPLICATION FOR LICENSE.

1. Any person who currently operates a house of prostitution in Nye County, Nevada, must apply for re-licensing or licensing as provided herein, and must conform to the provisions of this ordinance from and after the effective date of enactment.

2. Any person seeking to operate a house of prostitution in Nye County, Nevada, must apply for licensing as provided herein, and must conform to the provisions of this ordinance from and after the effective date of enactment.

3. Upon filing the application mentioned in subsection 1 above, persons currently operating a house of prostitution may be granted a temporary permit, (effective as of the effective date of this ordinance) for a reasonable length of time to allow processing of the application, provided however, that all fees are paid as required by this ordinance.

4. Permitees and their employees shall be subject to all requirements herein immediately upon the effective date of this ordinance. No vested rights inure to a permitee.

5. If this ordinance becomes effective during a calendar quarter, permitees may be given credit for fees heretofore paid.

9.20.250 PENALTIES.

Any person violating any of the provisions of this ordinance is guilty of a misdemeanor.

9.20.260 CONSTITUTIONALITY.

If any section, clause, or phrase of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect.

9.20.270 REPEAL.

Any and all ordinances or regulations or parts of ordinances and regulations licensing and regulating prostitution in Nye County, Nevada, in conflict with this ordinance are hereby repealed ; including but not limited to Nye County Ordinance Number 122 and Nye County Ordinance Number 127.

9.20.280 SEVERABILITY.

If any provision or part of this ordinance shall be declared by a court of competent jurisdiction to be illegal or unconstitutional, it shall in no way effect the remainder of this ordinance or any section thereof, it being intended that the remainder shall remain in full force and effect.

9.20.290 EFFECTIVE DATE.

This ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to-wit, from and after the 25th day of June, 1988.

Proposed on the 16th day of May, 1988, by Commissioner Mankins.

Adopted the 7th day of June, 1988, by the following vote :

AYES : Revert - Mankins - Garcia

NAYS : 0

ABSTAIN : 0

ABSENT : 0

Signed : BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF NYE, STATE OF NEVADA

By : Joe S. Garcia, Jr., Chairman

ATTEST :

Karen Quilter, Nye County Clerk