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Dear Friends,
Following are the Storey County, Nevada laws regulating prostitution in Storey County, Nevada. These laws apply only to The Old Bridge Ranch, which is presently the only operating legal brothel in Storey County, and The Mustang Ranch #1 and Mustang Ranch #2, which are closed (it's a big scandal).
Be seeing you.
HOUSES OF ILL-FAME
| 5.16.010 | Definition. |
| 5.16.020 | Gaming and narcotics prohibited. |
| 5.16.030 | Violation -- Penalty. |
| 5.16.040 | Trials -- Evidence of general reputation. |
| 5.16.050 | Revocation of existing permits, licenses and applications. |
| 5.16.060 | Permit and license required. |
| 5.16.070 | Issuance authority and general conditions. |
| 5.16.080 | Permit applications. |
| 5.16.090 | Investigation of application. |
| 5.16.100 | License required. |
| 5.16.110 | License and permit applications -- Concurrent processing. |
| 5.16.120 | License fee. |
| 5.16.130 | Cancellation of license. |
| 5.16.140 | Authority. |
| 5.16.150 | Policy. |
| 5.16.160 | Permit and license application requirements. |
| 5.16.170 | Transferability of licenses and permits. |
| 5.16.180 | Health regulations. |
| 5.16.190 | Unsuitable locations. |
| 5.16.200 | Change of locations. |
"Houses of ill-fame" is defined to be any house, building, trailer (with or without wheels), vehicle, or other structure or property wherein or whereon acts of prostitution are committed, or offered to be committed. (Ord. 39 Section 1, 1971)
No gaming or narcotics shall be permitted on the premises. (Ord. 39 Section 8, 1971)
Every person violating any provision of this chapter shall, on conviction thereof, be punished by a fine of not to exceed five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this chapter. (Ord. 39 Section 10, 1971)
In the trial of all cases arising under the provisions of this chapter, evidence of general reputation shall be deemed competent evidence as to the question of the ill-fame. (Ord. 39C, 1986 ; Ord. 39 Section 9, 1970)*
* Editor's Note : Ord. 39, passed September 16, 1986, is designated Ord. 39C.
All permits and licenses, and applications for permits and licenses, pertaining to prostitution issued prior to the enactment of this chapter are null and void, cancelled and revoked. (Ord. 39 Section 14, 1971)
It is unlawful for any person, owner, or agent to open, maintain, operate or keep, or let or rent to any person to open, maintain, operate or keep any houses of ill-fame or other building, structure, or place used or resorted to for the purposes of prostitution at any place within the county unless a permit has been granted by the board of county commissioners designating the area where it may be operated, and a license issued as provided in this chapter. (Ord. 39 Section 2, 1971)
A. The board of county commissioners is made and constituted the full and sole authority to grant the permit to operate a house of ill-fame, and the sole authority to make, alter and rescind all necessary regulations setting forth the terms and conditions under which such permits may be applied for, the terms and conditions under which such permits shall be granted, transferred, revoked or cancelled, where such houses of ill-fame shall be located within the county, and any and all other regulations necessary regarding the conditions under which the permitted premises may be allowed to operate ; provided, however, the permit must refer to premises in an uninhabited area, and it shall not be located within four hundred yards of any schoolhouse or schoolroom used by any public or common school in the county, or within four hundred yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this county.
B. The board of county commissioners is given the sole authority to cancel and rescind any and all such permits for cause, after hearing, and upon reasonable notice to the permittee, and without refund of any moneys previously paid by or for the permittee. (Ord. 39 Section 3 (A, B), 1971)
Application of permits shall :
A. Be in such form as the board prescribes, and when presented, shall be accompanied by a sum of money equal in amount to the fee prescribed in this chapter for one quarter's license fee ; said money to be used if necessary as and for the cost of investigation of said application for a permit, and the money shall not be returned if the permit and license, or either of them, is denied ; provided, however, that if said permit and license are both granted, then the amount is to be credited to said license fee required in this chapter ;
B. Be made to the county sheriff, and by him transmitted to the board of county commissioners ;
C. Set forth the true names and addresses of the proposed applicants, and the respective representative of the business ;
D. Set forth the true name and address of the person who is to manage or otherwise be in charge of the premises ;
E. Specify the location of the premises for which the permit is sought ;
F. Be supplemented by such additional information or documents as the board of county commissioners shall request at any time, it being the duty of the applicant to supply all such matters ;
G. Be signed and verified by the applicants ;
H. Contain a statement that if such application is approved and a permit issued, it will be accepted by the applicant subject to, and applicant will be bound by, the terms and conditions and provisions of this chapter, and such other rules and regulations as may at any time hereafter be made, enacted or adopted by the board of county commissioners and shall include a consent to and an acknowledgment of the power and authority of the county sheriff, or any authorized representative of the board to enter the premises to which the permit applies, at any time during the day or night, for the purpose of examing the premises, or to determine if the terms, conditions and provisions of this chapter and of any regulations of the board of county commissioners made pursuant to this chapter, have been, and are being complied with ; and shall include an agreement to furnish to the board, their authorized agent, the county sheriff, any information, assistance, or cooperation requested by them at any and all reasonable times. (Ord. 39B Sections 2, 3, 1985 ; Ord. 39 Section 3(C), 1971)*
* Editor's Note : Ord. 39, passed September 7, 1971, is designated Ord. 39A. Ord. 39, passed December 17, 1985, is designated Ord. 39B.
The sheriff shall present each application to the board of county commissioners at its first meeting after the making of the application to him. The board shall at that time take such action as it deems necessary regarding investigation of the applicants, if necessary, and any and all other persons who shall have the management of, or be connected with, the management of the business, together with an investigation of the location of the proposed place of business, and of such other matters as may be necessary to the protection of the public good, welfare and safety of the inhabitants of the county. (Ord. 39 Section 4, 1971)
No person may lawfully operate a house of ill-fame under the permit set forth in the chapter, unless such person has also applied for and paid all license fees for, and has received and is the holder in good standing of a license as provided in this chapter. (Ord. 39 Section 5 (A), 1971)
An application for the license shall be made to the county sheriff, and may be made concurrently with the making of the application for a permit ; and both may be acted upon by the board of county commissioners at the time it considers the application. (Ord. 39 Section 5 (B), 1971)
A. The fee for such license shall be set by the county commissioners, provided that it is based on a uniform formula and is not unreasonable or arbitrary, and provided further, that is shall be considered at two county commissioners meetings before becoming effective.
B. No refunds of any fees paid shall be made.
C. All fees paid under this chapter shall be deposited in the county general fund. (Ord. 39A Sections 1, 2, 1971 ; Ord. 39 Section 6, 1971)*
* Editor's Note : Ord. 39, passed September 7, 1971, is designated Ord. 39A. Ord. 39, passed December 17, 1985, is designated Ord. 39B.
A. The cancellation of the permit granted for any premises, for any reason, shall automatically and without further action also cancel the license for the same premises.
B. The board of county commissioners shall have the power to cancel the license after hearing and good cause shown. (Ord. 39 Section 7, 1971)
A. The regulations set out in this article are made pursuant to the ordinance codified in Articles I and II of this chapter, and specifically pursuant to Section 3 of that ordinance, codified in Sections 5.16.070 and 5.16.080 of this chapter.
B. The commissioners reserve the right, from time to time, to make, promulgate, modify, amend, and repeal such regulations, consistent with the ordinance codified in Articles I and II of this chapter, as it may deem necessary or desirable in carrying out the policies and provisions of this chapter. (Regs. dated 8/8/72, Section 1)
It is the declared policy of the county that houses of ill-fame be licensed and regulated so as to better protect the public health, safety, morals, good order and welfare of inhabitants. An applicant is seeking the granting of a privilege governed entirely by the police power of the state and county, and the burden of proving his qualifications is at all times on the applicant. An applicant must accept any risk of adverse public notice, embarassment, criticism, or other actions of financial loss which may result from action with respect to an application and expressly waives any claim for damages as a result thereof. (Regs. dated 8/8/72 Section 2)
Application for a permit and license shall be made to the sheriff. As a prerequisite to filing, all of the following must be completed and presented :
A. Applications in triplicate for the proposed house of ill-fame ;
B. Personal history record, in triplicate, for each license ;
C. Nine thousand dollars in cash, cashier's or bank check, for investigative fees and first quarter's license fee (nonrefundable). Fees to be broken down as one thousand five hundred dollars investigative fees, and seven thousand five hundred dollars quarterly license fee. (Ord. 39B Section 4, 1985 ; Regs. dated 8/8/72 Section 7)*
* Editor's Note : Ord. 39, passed December 17, 1985, is designated Ord. 39B.
(Note from Bashful : My copy of the Storey County legal prostitution regulations has a hand-scribbled note in the margin indicating that the $7500 quarterly license fee has been increased to $8750.)
All permits and licenses granted under the provisions of these regulations shall not be transferable from one licensee to another. (Regs. dated 8/8/72 Section 8)
A. Any licensee who wilfully and knowingly exposes any patron to persons affected with any infectious venereal diseases shall have his permit and license revoked pursuant to ordinance, and licensees must agree to use all possible care to prevent such occurrences and abide by any state and county health regulations that may be imposed. All employees excluding maids, managers and domestic help, must be examined at least once each week by a regularly licensed physician or osteopath.
B. A medical examination is required of all employed prostitutes. Every licensee shall insure that in accordance with the Division of Health of the Department of Human Resources of the state of Nevada rules and regulations now in force or hereafter promulgated a medical examination is undergone by all prostitutes employed by the licensee, which examination shall :
2. Be performed by or under the supervision of a physician duly licensed to practice medicine in the state of Nevada ;
3. Include tests approved by the Division of Health of the Department of Human Resourses of the state of Nevada for the detection and diagnosis of sexually transmitted disease, including, but not limited to weekly tests for gonorrhea and chlamydia. All tests must be processed at a Nevada licensed and approved clinical laboratory ;
4. Include tests approved by the Nevada State Division of Health for the detection of Acquired Immune Deficiency Syndrome (AIDS). A negative test for Human Immune Deficiency Virus (HIV) is required before a work card can be issued. An HIV test is required every thirty days. If any legal prostitute tests positive on her Western Blot or other licensed confirmatory HIV test then her employment will be terminated. In addition, each pre-employment worker is required to be tested for infectious syphilis. She is also required to have a syphilis serology every thirty days. If her pre-employment or subsequent syphilis tests are confirmed positive she will be required to undergo a medical evaluation and treatment before she can go back to work as a legal prostitute in the county ;
5. Include other medical approved test, deemed advisable by the physician, for determining whether the prostitute is afflicted with any infectious or contagious disease ;
6. Be performed at the location of the licensed operation, at the physician's office, at a hospital or clinic, as determined by the physician ; and
7. The medical authority will provide negative results to the county sheriff before an applicant can receive a work card.
C. Medical Examination -- Duty of Licensee. Every licensee shall ensure that every prostitute is examined by a physician as required in Subsection B (5) of this section, and that the physician has :
2. Refused to issue such certificate to any person found to be, or suspected of being, afflicted with a sexually transmitted disease ;
3. Reported the results of his refusal to issue such certificate immediately to the sheriff of the county ; and
4. Reported to the sheriff of the county and the county board of commissioners immediately the existence of any condition on the premises of any licensed operation which, in the professional opinion of the physician, constitutes a health hazard to the patrons or employees of any licensed operation or to the public, together with his recommendations for correcting the condition. All prostitutes will be counseled about their infection by the Nevada Health Division or their designee when a positive venereal disease test is detected or suspected. (Res. 90-11, 1990 ; Res. 90-6, 1990 ; Regs. dated 8/8/72 Section 5)
The county commissioners and licensing board may deem that the place or location for which the license is sought is unsuitable for the conduct of a house of ill-fame. Without limiting the generality of the foregoing, the following places or locations may be deemed unsuitable :
A. Premises located within the immediate vicinity of churches, hospitals, schools, military or naval reservations, children's public playgrounds and residential areas ;
B. Premises difficult to police ;
C. Premises adjoining gambling houses, motels, hotels, disorderly houses, or other houses of ill-fame ;
D. Premises located within the historic districts as defined by NRS 384.100, and such other sites of historical or public interest as may be designated by the commissioners. (Regs. dated 8/8/72 Section 4)
If the safety, health, or peace of an area is threatened, including but not limited to adverse relations between adjoining property owners, landlords and tenants, or similar occurrences, a license may be transferred to another locality, on application of the licensee or by order of the county commissioners. All such transfers shall be subject to the approval of the county commissioners and licensing board, whose duty it shall be to insure that all proposed and prospective locations conform to all ordinances, and regulations in force. (Regs. dated 8/8/72 Section 9)
WHEREAS the Storey County Commissioners pursuant to Storey County Code 5.16.120, have the authority to regulate brothel fees, and
WHEREAS the same must be considered at two (2) County Commissioners meetings before becoming effective, and
WHEREAS the licensing fee proposal was previously considered at a meeting of January 7, 1991,
NOW THEREFORE be it resolved as follows :
Brothel licensing fees shall be set as follows, by the Storey County Commissioners :
$8750.00 per quarter, per brothel.
DATED this 19th day of March, 1991
CHAIRMAN
STOREY COUNTY COMMISSIONERS
Contact information :
STOREY COUNTY CLERK
PO DRAWER D
VIRGINIA CITY, NV 89440
TELEPHONE : (775) 847-0969
FAX : (775) 847-0949
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