*

_____

Editor's note— Ord. No. 4763, § 1, adopted July 8, 1997, repealed Title 4, in its entirety, which pertained to business licenses and regulations. Subsequently, Ord. No. 4764, adopted July 8, 1997, added a new Ch. 4.04 to read as herein set out. See the Code Comparative Table.

Charter reference— Authority to regulate and impose a license tax for revenue upon all businesses, trades and professions, § 2.140.

State Law reference— Power of municipal governing bodies to fix, impose and collect license taxes on all lawful businesses, NRS 268.095.

Case Law reference— (1) City license and county license may be required for the same business. If a person combines within himself more than one distinct occupation or business, he could be compelled to take out a license for each occupation or business. Ex parte Siebenhaur, 14 Nev. 365 (1879).

(2) Licensee takes his license subject to such conditions as the legislature sees fit to impose. Wallace v. Mayor of City of Reno, 27 Nev. 71, 73 Pac. 528, 63 L.R.A. 337, 103 Am. St. Rep. 747 (1903).

(3) Purpose of an exaction from the public in the form of a tax or license, either for revenue or in the exercise of the police power, is for the benefit of the locality from which the money is collected. State v. Boyd, 27 Nev. 249, 74 Pac. 654 (1903).

(4) Under our statutes and decisions it is well settled that a license may be revoked. State v. Reno City Council, 36 Nev. 334, 136 Pac. 110, 50 L.R.A. (N.S.) 195 (1913).

(5) Under city ordinance providing that every person engaged in the business of selling at retail, or any manner other than at a fixed place of business within the city, any goods, wares, or merchandise shall obtain a license, a person owning a place of business outside the city limits where he manufactured and compounded certain articles used in the grocery trade, and acting as his own salesman, solicited orders in the city and sold to restaurants, hotels, bakeries, and confectioners other kinds of groceries than manufactured and compounded by him, in both small and large quantities and in broken and unbroken packages, and filled orders given to him by such customers, is a retailer and liable for the license mentioned in the ordinance. Bryan v. City of Sparks, 36 Nev. 573, Pac. 522 (1913).

(6) "The reasons given for sustaining the requirement of a bond are manifest and convincing as set forth in Ex Parte Cardinal (Calif.) 150 Pac. 348: `We see no reason to doubt the power of the state, or any county or municipality, in the exercise of its police power of regulation, to require security in the shape of a bond or insurance policy from its licensees in all cases where the giving of such security may fairly be held to a reasonable requirement for the protection of the public'." Ex parte Counts, 39 Nev. 61, 153 Pac. 93 (1915).

(7) An admission to the bar of a state is a vested and valuable right, but subject to taxation, including a city occupation tax. The imposition of a license tax upon an occupation is not illegal, because not expressly authorized by the state constitution, but is permissible, unless prohibited thereby. There is no inherent vice in the taxation of vocations. On the contrary, business is as legitimate an object of the taxing power as property. Ex parte Dixon, 43 Nev. 196, 183 Pac. 642 (1919).

(8) Charter of Carson City which after enumerating many kinds of business upon which the city is authorized to impose a license tax, authorizes it to fix and have collected a license tax on all trades, professions, and classes of business not thereinbefore specified. "To the layman this provision would be clear and unequivocal, needing no interpretation, elucidation, amplification, or consideration. Why not so in the realm of jurisprudence? To the layman it no doubt appears at a glance that this general provision could have but one meaning, purpose, or object, for the discovery of which no prolonged or profound search should be necessary, namely, to make subject to a tax levy any business, trade or profession which through oversight had been omitted from the list of businesses enumerated … The sole purpose of the legislation was to enable the city to bring all kinds of business within its taxing power." Carson City v. Red Arrow Garage Auto Co., 47 Nev. 473, 225 Pac. 487 (1924).

(9) Power of the legislature under constitution to tax a business is … settled, and the authority to delegate it to municipal corporations cannot be questioned. Ex parte Nyod, 48 Nev. 120, 227 Pac. 1020 (1924).

Cross reference— Food handlers, Ch. 10.06; child care facilities, Ch. 10.14.

^[1]

This title establishes the minimum procedural requirements for business licenses issued by the city, and shall be known as the Business License Code.

(Ord. No. 4764, § 1, 7-8-97)

The provisions of this title apply to all businesses in the city, including licenses pertaining to privileged businesses or franchises (Title 5). Nothing in this title shall be deemed or construed to exempt any organization from complying with the provisions of any other ordinance of the city, including but not limited to permit requirements, zoning requirements, nuisance ordinances and restrictions on privileged or illegal activities.

(Ord. No. 4764, § 1, 7-8-97)

Business or doing business means any business, enterprise, trade, occupation, calling, profession, vocation, or activity engaged in, conducted or carried on by any person, his agent or employee for the purpose of direct or indirect gain, benefit or advantage within the city and includes, but is not limited to:

(1)

Any activity conducted by a person for which such person is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss From Business Form, or its equivalent or successor form, or a Schedule F (Form 1040), Farm Income and Expenses Form or its equivalent or successor form, for the activities;

(2)

The performance of services for compensation that are not normally subject to withholding taxes, including but not limited to, independent contractors and commissioned sales agents; or

(3)

The renting or leasing of:

a.

Any commercial or industrial property in the city, or

b.

Three or more residential dwelling units on one parcel of land in the city.

The terms "business" or "doing business" do not include:

(1)

Activities conducted by, or for the exclusive benefit of, organizations that are certified as tax exempt entities pursuant to 26 U.S.C. Section 501(c), including but not limited to organizations operated for religious, charitable, scientific, literary, educational, or fraternal purposes.

(2)

Activities of any federal or Nevada based governmental or quasi-governmental entity acting in its capacity as such.

(3)

Wages earned as an employee.

(Ord. No. 4764, § 1, 7-8-97)

As used in any title or ordinance regulating business or requiring a license for the operation of a business, the following definitions apply, except where the context clearly indicates that a different meaning is intended and except where an ordinance concerning a particular business contains a specific provision to the contrary:

Applicant means any person who has applied for a city business license.

Administrative hearing officer means the person designated by the city to hear disputes that arise from the administration of Title 4 and Title 5.

Charitable organization means an organization which:

(1)

Is exempt from federal income tax pursuant to 26 U.S.C. 501(c) of the United States Internal Revenue Code, and

(2)

Has received from the Nevada Secretary of State a certificate of nonprofit corporation, association or society.

Chief of police means the top ranking official at the Reno Police Department or such official's designee.

City means the City of Reno, Nevada.

Coin-operated amusement device means any machine, mechanical, electronic, or video, which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated.

Coin-operated music machine means any music vending machine, contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated, for the emission of songs, music or similar amusement.

Coin-operated stationary amusement ride means any machine, which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally, or which automatically operates as a stationary amusement ride or device, by shaking, bucking, or any other type of movement, or by any blinking or flashing of lights or other electronic device, whether specifically designed for children or not.

Commercial or industrial property includes but is not limited to any structure used primarily for a business purpose.

Distribution center, for the purpose of this chapter, means a warehouse or portion thereof whose primary purpose is for the receipt and transfer of goods, products or merchandise to another location. Also commonly referred to as a "fulfillment center."

Extraordinary circumstances means situations which pose an immediate threat to the public health, safety, morals or welfare and where such immediate threat can be remedied by prompt action.

Fire chief means the top ranking official at the Reno Fire Department or such official's designee.

Gross receipts as used in connection with the determination of license fees, means the total amount received for all goods sold or for the performance of any act or service within the city. Gross receipts shall include all receipts, cash, credits, services or property received without any deduction for the cost of property sold, cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever.

Gross receipts shall not include:

(1)

Any taxes required by law to be included in or added to the purchase price and collected from the consumer or purchaser.

(2)

The portion of the receipts of a general contractor which represents payments to subcontractors provided that such subcontractors are licensed under this title and provided the general contractor furnishes the city license office with the names and addresses of the subcontractors and the amounts paid to each subcontractor.

(3)

The receipts from sales of merchandise or services performed beyond the city limits where a business license for such sale or service is required by another political subdivision.

(4)

Those receipts subject to a franchise agreement with the city.

(5)

The gross receipts of an owner engaged in the business of renting or leasing such owner's commercial or industrial property shall be calculated at four percent of total gross receipts. An owner engaged in the business of renting or leasing such owner's commercial or industrial property and receives gross income in the amount of $500,000.00 (before the 96 percent exemption) or less, is not required to obtain a business license.

(6)

Those receipts which the city is prohibited from taxing or imposing a licensee fee against pursuant to the Constitution or the laws of the United States or the Constitution or laws of the State of Nevada.

License means any license issued pursuant to this title.

Licensee means any person to whom a license has been issued pursuant to this title.

Manufacturing facility, for the purposes of this chapter, means an enclosed structure or a portion thereof and any associated land whose primary purpose is for fabrication, assembly, processing or packaging of goods, products or merchandise and related activities.

Person or persons means any natural persons, partnerships, firms, joint ventures, societies, associations, clubs, trustees, trusts or corporations, or officers, agents or any kind of personal representative acting, in any capacity, for himself or any other person.

Residential dwelling unit includes, but is not limited to:

(1)

Any hotel, lodging house, apartment house, rooming house, motel or single-family dwelling, with any rental for a period of 28 consecutive days or more.

(2)

Any unit which contains a home-based business as defined in Reno Municipal Code, section 18.06.060.

Warehouse, for the purposes of this chapter, means an enclosed structure or a portion thereof and any associated land whose primary purpose is for the storage of goods, products or merchandise.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 6359, § 1, 1-28-15; Ord. No. 6430, § 1, 6-7-17)

(a)

It shall be unlawful for any person to do business for himself or for any other person within the city or to hold themselves out as a business within the city unless such a person has first paid all applicable license fees and obtained all licenses required under Title 4 or Title 5. Any person conducting such activities without having procured a license from the city

to do so or not complying with any and all regulations contained in this title shall be in violation of this title for each and every day that such activities are carried on. Any person found in violation of this section must immediately cease all non-licensed operations.

(b)

The creation, display, offer and sale of First Amendment protected "expressive merchandise", as defined in RMC 5.14.010, in parks, sidewalks and other public fora, is hereby exempted from the requirement to obtain a business license.

(c)

This section shall not be construed to require any person to obtain a business license prior to doing business within the city if such requirement conflicts with the United States Constitution, applicable statutes of the United States, Nevada Constitution or statutes of the state.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 6326, § 1, 4-16-14)

When a new owner takes over an existing business, such new owner may continue to operate the existing business under the existing license[s], pending approval of the new owner's application, provided that:

(1)

The existing business is operating under all required licenses;

(2)

All required licenses are current;

(3)

The new owner has submitted a completed application and all appropriate fees for a new license[s]; and

(4)

The outgoing owner agrees to remain accountable and liable for any violations under the existing license[s] for the first 60 days after the new ownership has submitted a completed application and has submitted all appropriate fees or until the new owner has received all required license[s], whichever is shorter.

(Ord. No. 4764, § 1, 7-8-97)

All branch establishments or locations of a business must be registered with the city. "Branch locations" shall include any additional business location doing business under the same name as the primary business location.

Upon receipt of all applicable approvals and fees the city may group all such branch establishments or locations under a single business license.

(Ord. No. 4764, § 1, 7-8-97)

A license issued under any provision of this title shall not be transferred or assigned, in any manner, nor authorize any person other than the licensee to conduct business. Any purported transfer in violation of this section shall be void and of no effect whatsoever.

A license issued under any provision of this title shall not authorize the conduct of any business at any location other than those specified on the license.

(Ord. No. 4764, § 1, 7-8-97)

Every person required to procure a license under the provisions of this title shall submit an application to the city. The application shall:

(1)

Be a written statement upon forms provided by the city;

(2)

Require disclosure of all information that the city shall find to be reasonably necessary to the fair and efficient administration of this title;

(3)

Be accompanied by the full amount of the fees chargeable for such license; and

(4)

Be signed by the applicant if he is a natural person; in the case of an association or partnership, by a member or partner with authority to bind the association or partnership; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which must be attached the written evidence of the authority.

All license fees deposited or submitted upon application are nonrefundable unless authorized as refundable by the city finance director or his designee.

(Ord. No. 4764, § 1, 7-8-97)

Editor's note— Ord. No. 6341, § 1, adopted August 20, 2014, effective August 22, 2014, repealed § 4.04.065, which pertained to stay on the acceptance of business license applications related to medical marijuana establishments operating within the corporate limits of the city. See also the Code Comparative Table.

(1)

The retail sale (including both primary and accessory use) of dogs and cats in pet stores and/or commercial establishments shall be prohibited.

a.

Breeders that do not exceed the commercial breeder threshold, as defined by Washoe County, are exempt from this prohibition.

(2)

A pet store may provide space to an animal rescue organization to offer to the public dogs or cats for adoption; provided that the pet store shall not have any ownership interest in the animals offered and shall not receive any fee for providing space or for the adoption of any of the animals.

a.

An animal rescue organization means an animal control center, animal shelter, or nonprofit organization that has tax-exempt status under Section 50l(c)(3) of the United States Internal Revenue Code, whose mission and practice is the rescue and placement of animals in permanent homes. This term does not include an entity that breeders or brokers animals or obtains animals from breeders or brokers in exchange of payment or compensation.

(Ord. No. 6575, § 1, 8-12-20)

Editor's note— Ord. No. 6575, § 1, adopted August 12, 2020, repealed the former § 4.04.067, and enacted a new § 4.04.067 as set out herein. The former § 4.04.067 pertained to 'Moratorium on the acceptance of business license applications for pet stores intending to conduct sales of dogs, cats or rabbits' and derived from Ord. No. 6329, § 1, adopted April 16, 2014.

All applications for licenses shall be referred to the appropriate city departments for review and investigation. These departments shall either recommend approval or denial of the application and forward the recommendation to the city license office. The city license office shall review the recommendations of all the applicable departments and decide whether to approve or deny the license. The city license office thereafter shall either issue a license or notify the applicant of denial, including the reason for such denial, in accordance with its decision. Notification shall be sent certified mail, return receipt requested, to the address provided on the license application or by personal service to the applicant. Any applicant that is denied a license shall have the right to be notified of the reason and the option of appealing the decision in accordance with the appeal procedures contained under section 4.04.160.

(Ord. No. 4764, § 1, 7-8-97)

All licenses shall be issued for a term of one year unless a provision is specifically made for the issuance of a daily or quarterly license. Any original quarterly license will be issued to expire at the end of the current calendar quarter.

All renewals of year-term licenses will be for one year effective the first day of the month in which the original license is issued.

All renewals of quarterly licenses will be for one quarter effective the first day of the subsequent calendar quarter.

(Ord. No. 4764, § 1, 7-8-97)

The city may issue a business license for less than a full year for any good cause shown.

When an existing business expands its operation in scope or manner in such a way that an additional license is required by this title, the additional license shall be issued for a term to expire on the same date as the original license. The fee charged for the additional license shall be prorated in accordance with the number of months remaining until the expiration of the original license, including the month the additional license is issued.

(Ord. No. 4764, § 1, 7-8-97)

A business license may be renewed, provided the renewal fees are received by the city prior to the expiration of the grace period provided for in this title. Any renewal received after that date shall be subject to the penalties provided in this title. All license renewal applications shall be subject to investigation prior to renewal.

(Ord. No. 4764, § 1, 7-8-97)

The license and renewal fees charged pursuant to this title shall be contained in the fee schedule chart which shall be maintained by the city license office, and amended upon approval of the city council. For the privilege of doing business in the city, the city shall have the right to set application fees, administrative fees, investigative fees and any other fees necessary to the administration of this title.

(Ord. No. 4764, § 1, 7-8-97)

All license fees required under this title shall be paid in the lawful money of the United States of America at the city license office. All monies paid for license fees shall be deemed timely if received at such office by 5:00 p.m. on the last day of any grace period under this title or if mailed, containing a postmark on the last day of such grace period as provided in NRS 238.100. All payments which are not so received or postmarked shall be subject to the penalties provided under section 4.04.140.

When the last day of a grace period falls on a Saturday, Sunday or holiday when the designated office is closed, the license fee will be accepted, without penalty, if received at the designated office on the first working day after such Saturday, Sunday or holiday. In all cases where renewal fees are not paid in accordance with this title, a penalty as prescribed in this title shall be imposed.

There shall be a grace period for all license renewal payments as follows:

(1)

One day after the expiration date of a daily license;

(2)

Fifteen days after the expiration date of a quarterly license; and

(3)

Sixty days after the expiration date of an annual license. No license shall be issued until all fees and penalties have been paid.

(Ord. No. 4764, § 1, 7-8-97)

A duplicate license may be issued by the city to replace any license previously issued under this title which has been lost, stolen, defaced or destroyed provided the licensee requests a duplicate license, provides a supporting sworn statement and pays the appropriate fees.

(Ord. No. 4764, § 1, 7-8-97)

Civil: All license related fees shall be due and payable before any person required herein to obtain a license shall commence to do business. In all cases where, by the terms of this title, business licenses have not been obtained before a business is commenced, a penalty of 50 percent of the license fee shall be imposed.

If any license issued under this title becomes delinquent, a penalty of 50 percent of the license fee shall be added for the renewal thereof.

Nothing herein contained shall be construed to prevent the city from recovering the amount of any license fee or penalty provided in this title.

Waiver of civil penalties: Any penalty or portion thereof assessed pursuant to this title may be waived at the discretion of the city manager or his designee.

Criminal: Any violation of any of the provisions of the Reno Municipal Code shall be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 and/or by imprisonment in a county jail for not more than six months.

(Ord. No. 4764, § 1, 7-8-97)

Any application or renewal submitted to the city license office pursuant to this title may be denied for the following causes:

(1)

The application or any other document is incomplete or contains false, misleading or fraudulent statements;

(2)

The applicant or any of its principals fails to satisfy any qualification or requirement imposed by this title, or other local, state or federal laws or regulations that pertains to the particular license;

(3)

The applicant or any of its principals is or has engaged in a business, trade or profession without having obtained a valid license, permit or work card when such applicant or principal knew or reasonably should have known that one was required;

(4)

The applicant or any of its principals has been subject, in any jurisdiction, to disciplinary action of any kind with respect to a license, permit or work card to the extent that such disciplinary action reflects upon the qualification, acceptability or fitness of the applicant or principal to conduct such a business;

(5)

The applicant or any of its principals has been convicted of any crime that involves any local, state or federal law or regulation arising out of the operation of a similar business;

(6)

The applicant or any of its principals has been convicted of a crime as a result of having perpetrated deceptive practices upon the public within the last ten years;

(7)

The applicant or any of its principals suffers from a legal disability under state or federal laws;

(8)

The premises on which the business is proposed to be conducted does not satisfy all local, state or federal laws or regulations which relate to the activity that is to be licensed; or

(9)

The applicant or any of its principals is in default on any payments owed to the city.

Grounds for suspension or revocation:

Any license issued pursuant to this title may be revoked or suspended by the city, after notice and opportunity to be heard as provided in this title, for any of the following causes:

(1)

Any fraud, misrepresentation or false statement contained in the application for license or renewal;

(2)

Any fraud, misrepresentation or false statement made in connection with conducting the business licensed under this title;

(3)

Any violation of any law related to the operation of the business including but not limited to provisions of the Reno Municipal Code, the Nevada Revised Statutes or federal law;

(4)

Any act or omission by the licensee or his employees or his agents, related to the operation of the business licensed, which violates any law including but not limited to provisions of the Reno Municipal Code, the Nevada Revised Statutes or federal law or constitutes a breach of the peace or nuisance under Reno Municipal Code, chapter 8.22;

(5)

Knowingly, or under circumstances that reasonably indicate knowing or willful ignorance of criminal activity, allowing, permitting, aiding, fostering or promoting the conduct of criminal activity on the property of the licensed business, including failing to take reasonable measures to abate, decrease or lessen the frequency or severity of such conduct after receiving notice that such conduct is occurring on the property or otherwise becoming aware of such conduct; or

(6)

The non-payment of any amounts owed to the city.

Grounds for summary suspension:

Any license issued pursuant to this title shall be subject to summary suspension by order of the chief of police or by the fire chief whenever there is probable cause to believe that extraordinary circumstances have arisen which are an immediate threat to the public health, safety or welfare and that business operations pursuant to that license increase the level of that threat.

(1)

An order of the chief of police or the fire chief pursuant to this section prevails over all other provisions of this title pertaining to suspension of a business license. A suspension may continue until the conditions warranting the order have ceased.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 6447, § 1, 1-10-18)

Denial of license:

Upon the denial of a license or renewal application under title 4 and all administrative decisions under title 5 as defined in section 5.05.017, the applicant is prohibited from conducting any business for which approval was denied until such time as an appeal has been heard and the denial has been reversed as provided herein. Any person aggrieved by the foregoing in the denial of an application for a license shall have the right of appeal to the administrative hearing officer. Such appeal shall be taken by filing with the administrative hearing officer at the city clerk's office within ten business days after notice of the denial has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The administrative hearing officer shall set the matter for hearing within ten business days and cause notice of the time and place to be given to the applicant. Notice shall be given to the applicant no less than five business days prior to the date of such hearing. The hearing shall be conducted in the manner set forth in section 4.04.170. The decision and order of the administrative hearing officer shall be final and conclusive. Both the city and the applicant shall have the right to appeal the decision of the administrative hearing officer to municipal court, unless appeal to another tribunal is required by law. Any appeal from the hearing officer's decision must be taken within 30 calendar days after notice of the final decision.

Revocation or suspension:

The decision of the administrative hearing officer following a show cause hearing for revocation or suspension under section 4.04.190 may be appealed by the city or any aggrieved party to municipal court, or to another tribunal if required by law, within 30 days after notice of the final decision. If the license is revoked or suspended, no business shall be conducted under that license until such time as an appeal has been heard and the revocation or suspension has been reversed.

Summary suspensions:

Upon the summary suspension of any license issued under title 4 or title 5, the licensee shall have the right to a hearing to appeal the aggrieved action before the administrative hearing officer within 72 hours of such action. The hearing shall be conducted in the manner set forth in section 4.04.170. It shall be the responsibility of the aggrieved licensee to subpoena any and all witnesses relevant to such licensee's case. The decision and order of the administrative hearing officer shall be final and conclusive. Both the city and the licensee shall have the right to appeal the decision of the administrative hearing officer to municipal court, unless appeal to another tribunal is required by law. Any appeal from the summary suspension must be taken within 30 calendar days after notice of the summary suspension.

Fee dispute or other grievance:

Any person aggrieved by the action of the city in the determination of a license fee or any other grievance under title 4 or 5, except as otherwise provided in section 5.05.017, shall have the right of appeal to the administrative hearing officer. Such appeal shall be taken by filing with the administrative hearing officer at the city clerk's office within ten business days after notice of the aggrieved action has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The administrative hearing officer shall forthwith set the matter for hearing and cause notice of the time and place to be given to the applicant. Notice shall be given to the applicant no less than five business days prior to the date of such hearing. The hearing shall be conducted in the manner set forth in section 4.04.170. The decision and order of the administrative hearing officer shall be final and conclusive. Both the city and the licensee shall have the right to appeal the decision of the administrative hearing officer to municipal court, unless appeal to another tribunal is required by law. Any appeal from the hearing officer's decision must be taken within 30 calendar days after notice of the final decision.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 5415, § 1, 1-14-03; Ord. No. 5813, § 1, 3-22-06; Ord. No. 6555, § 1, 3-25-20)

(a)

All parties may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine witnesses.

(b)

The hearing shall be recorded and the record kept with the administrative file. The rules of evidence of courts of the State of Nevada will be generally followed but may be relaxed at the discretion of the hearing officer when deviation from the technical rules of evidence will aid in ascertaining the facts and to ensure fairness for all parties involved. The rules pertaining to discovery do apply.

(c)

The administrative hearing officer shall deliberate upon the evidence and render a decision. If a decision is not rendered within five business days after the conclusion of the presentation of evidence, the action will be deemed to be resolved in favor of the applicant or licensee.

(d)

The administrative hearing officer shall file his or her written order. A copy of the order shall be served personally or by certified mail, return receipt requested, to the parties at the address set forth in the written appeal.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 6556, § 1, 3-25-20)

General standards of conduct. Every licensee under this title shall:

(1)

Comply with governing law. Ascertain and comply at all times with all laws and regulations applicable to such licensed business, including but not limited to, any changes in the Reno Municipal Code that may be imposed after the issuance of a license.

(2)

Supervise employees. Be responsible for the conduct of all employees or agents thereof where such conduct would be a violation of the provisions of this title if engaged in by the licensee.

(3)

Display license. Display all licenses issued pursuant to this title in a conspicuous place at the licensed business. Every person having such a license[s] and not having a fixed place of business shall carry such license[s] with him at all times while carrying on the business for which the license[s] was issued and shall exhibit the license[s] whenever requested by any authorized person. Branch establishments or locations grouped under a single license shall display a copy of such license in a conspicuous place at each branch establishment or location.

(4)

Cease business. Refrain from operating the licensed business after expiration of the license and any applicable grace periods and during any period the license is revoked or suspended.

(5)

Maintain records. Be responsible for maintaining the records of the business and shall:

a.

Keep such records as may be necessary to determine the amount of business license fees, or any other records required by title 4 or title 5 of the Reno Municipal Code.

b.

Preserve such records for not less than four years or until any proceedings under the Reno Municipal Code pertaining to the business are finally concluded, whichever is longer; and

c.

Make the records available for inspection by the city upon demand at reasonable times.

(6)

Permit inspection or audit. Permit reasonable inspections of the business and examination of its books by the city and all authorized persons.

(7)

Notify of changes. Assure that a current and correct name, business address, business phone, residence address, residence phone and mailing address for each owner or principal of the business are on file with the city. Whenever a business address changes, the licensee must notify the city license office a minimum of three days prior to the date the new business location will be used to conduct business. Whenever either the name, residence address or phone provided by a licensee on his license application changes, the licensee shall notify the city in writing within 15 days of such a change and provide the city with the new name, address or phone.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 6447, § 2, 1-10-18)

The city manager may employ, in their specialties, accountants, auditors, investigators, assistants and clerks necessary for the efficient administration of this title and may delegate authority to conduct hearings, adopt regulations and perform any other duties imposed by this title.

Enforcement: Persons authorized: City officials who may enforce provisions of this chapter include the city manager, the finance director, the chief of police, the director of parks recreation and community services, the director of public works, the director of community development, the fire chief, police officers, code enforcement officers, the building official, revenue officers or their respective authorized designees.

Authority of inspectors without warrant.

(a)

Findings.  

(1)

The city is permitted by statute to regulate and collect revenues on businesses conducted within its corporate limits.

(2)

Licensees are required at all times to display all licenses issued pursuant to this title in a conspicuous place at the licensed business.

(3)

The city has a substantial interest in preserving the public's health, safety and quality of life through, among other programs, its business license regulation and collection program.

(4)

Inspection of commercial property, within the bounds of this section, is a necessary component of enforcing the provisions of title 4 and title 5 and ensuring that a business has properly licensed itself to conduct business within the city.

(b)

Purpose: The provisions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons patronizing or otherwise affected by a business so as to:

(1)

Ensure that a business has undergone all relevant departmental licensing reviews for the purported conduct of business on the premises;

(2)

Ensure that the conduct of business on the premises is as the licensee has described to the city; and

(3)

Ensure that the business has satisfied all licensing requirements and obtained all licenses required under Title 4 and Title 5 prior to the conduct of business.

(c)

The finance director, the chief of police and their respective authorized designees all areas of licensed business premises to which the public normally has access during the operation of the business. Such authority shall only be exercised within reasonable times when a business establishment is open for the transaction of business. Inspection under this subsection shall be limited to verification that the licensee is doing business as the licensee has described to the city as a basis for the granting of the license and verification that persons doing business on a business premises are properly licensed and have obtained all licenses required under Title 4 or Title 5. Inspection under this subsection shall be limited to a reasonable length of time on the premises necessary to accomplish the goals of the inspection. These limitations shall not be construed to prohibit action based upon any other constitutionally recognized exception to the warrant requirement.

(d)

Refusal to allow entry pursuant to this subsection shall constitute grounds for suspension or revocation of a license.  

Audit: The city may, for the purpose of ascertaining gross receipts or to verify the accuracy of any other information reported to the city, audit any information declared by the licensee in his application for license or renewal, any information presented in a hearing or appeal before the administrative hearing officer, or any other documentation provided to the city. After reasonable notice to the proprietor, books and records of the licensee should be made available to the inspector during business hours.

In accordance with Nevada Revised Statutes Chapter 364, any audit of the amount due from the enterprise must not include any period for the licensing of the business ending more than three years before the date of the audit, unless the enterprise has been operating without such a license or the auditor has reason to believe that the enterprise has made a fraudulent or material misstatement of its revenue.

The city will provide procedures for the proprietor of the enterprise to obtain a review of the results of an audit performed as follows:

(a)

The city will disclose the results of the audit to the proprietor, discuss any relevant issues that have not previously been resolved and attempt to resolve those issues.

(b)

If those issues are not resolved through compliance with paragraph (a):

1.

The proprietor can prepare documentation of those issues and submit the documentation with a copy of the final audit report to the finance director and

2.

The finance director will:

i.

Within seven days after receiving the documentation, acknowledge that receipt; and

ii.

Within 30 days after receiving the documentation, respond to the proprietor regarding those issues.

(c)

If those issues are not resolved through compliance with paragraph (b);

1.

The finance director will submit the documentation to the city manager and notify the proprietor that the matter is being reviewed by the city manager; and

2.

The city manager within 60 days after receipt of the documentation by the finance director pursuant to paragraph (b), will review the documentation and inform the proprietor of his decision regarding the resolution of those issues.

(d)

If the proprietor is not satisfied with the resolution to those issues pursuant to paragraph (c), the proprietor can appeal the matter to an administrative hearing officer.

(e)

If the proprietor is not satisfied with the resolution of those issues pursuant to paragraph (d), the proprietor, except as otherwise provided in this paragraph, can appeal the matter to the municipal court. If the amount in controversy exceeds the jurisdiction of the municipal court, or if the municipal court makes a determination adverse to the proprietor, the proprietor may appeal the matter to the district court.

If an audit is performed pursuant to the chapter:

1.

The proprietor of the enterprise has those rights set forth in NRS 360.291 that are applicable to the audit.

2.

The proprietor must be informed of his rights in writing, including his rights relating to the proprietor required by the previous paragraph.

3.

The proprietor must be given notice, in writing, of the amount of any interest or penalties to be paid as a result of the audit.

Exchange information: The city may agree to the continuing exchange of information concerning licensees with the federal government or any governing body of any state, county, city or town.

Violation: In addition to any penalties provided in this chapter, any person violating any of the provisions of this chapter:

(1)

Upon conviction, shall be guilty of a misdemeanor and punished as provided in section 1.04.010; or

(2)

Shall be subject to provisions of Chapter 1.05 of the Code.

Suspension: The city may suspend any license issued under Title 4 or Title 5, after notice and opportunity to be heard, for good cause or for the violation of any provision of either title. The enforcement official shall have the right to request an order to show cause hearing on any business or privileged license. Upon such a request the licensee shall be required to appear before the administrative hearing officer and show cause as to why the license should not be suspended. At such hearing the enforcement official may present evidence of any activity of the licensee which violates any section of this title or any other section of the Reno Municipal Code.

Revocation: The city may revoke any license issued under Title 4 or Title 5, after notice and opportunity to be heard, for good cause or for the violation of any provision of either title. The police department shall have the right to request an order to show cause hearing on any business or privileged license. Upon such a request the licensee shall be required to appear before the administrative hearing officer and show cause as to why the license should not be revoked. At such hearing the police department may present evidence of any activity of the licensee which violates any section of this title or any other section of the Reno Municipal Code. Upon the revocation of a license as provided in this section, no part of the license fee paid therefor shall be returned; but such license fee shall be forfeited to the city. Whenever a license is revoked, the licensee shall return to the city license office any license, license stickers, or any similar evidence of a license which has been revoked.

Summary suspension: The chief of police or the fire chief shall have the right to suspend any license issued pursuant to Title 4 or Title 5 whenever there is probable cause to believe that extraordinary circumstances have arisen which are an immediate threat to the public health, safety, morals or welfare. At such hearing the police department may present evidence of any activity of the licensee which constitutes an immediate threat to the public health, safety, morals or welfare.

(Ord. No. 4764, § 1, 7-8-97; Ord. No. 4825, § 1, 1-13-98; Ord. No. 5064, § 1, 11-9-99; Ord. No. 5963, § 1, 9-12-07)

Unless otherwise specified, any notice required under the provisions of this title is deemed to have been served when the same has been delivered personally or deposited at Reno, in the United States Post Office enclosed in a sealed envelope, postage prepaid, addressed to such person at his place of business as such address appears in the records of the city license office.

(Ord. No. 4764, § 1, 7-8-97)

If any section, subsection, sentence, clause, phrase or portion of this title is held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title.

(Ord. No. 4764, § 1, 7-8-97)

Any statements or certificates filed or any information gathered by the city pursuant to the provisions in Title 4 or Title 5 shall be deemed confidential in character and shall not be subject to public inspection. Nothing in this section shall be construed to prevent the city from agreeing to the continuing exchange of such information with the federal government or any governing body of any state, county, city or town.

(Ord. No. 4764, § 1, 7-8-97)

Civil judgment no bar:

No civil judgment or act by the city attorney's office, the business license office or any other agency of the city shall bar or prevent a criminal prosecution for each and every violation of this title.

(Ord. No. 4764, § 1, 7-8-97)

This chapter establishes the minimum procedural requirements for mobile vending business licenses issued by the city. The City of Reno recognizes that the typical business operates within fixed structures and that mobile vendors are a new industry that requires standards that may be unique to this type of business in order to protect the public. A further intent of this chapter is to ensure mobile vendors do not circumvent the requirements for businesses that operate within a structure. This chapter shall be known as the Mobile Vending Code.

(Ord. No. 6222, § 1, 2-8-12)

The provisions of this title apply to all mobile vending businesses in the city, including any licenses pertaining to privileged businesses or franchises (Title 5). Nothing in this chapter shall be deemed or construed to exempt any organization from complying with the provisions of any other ordinance of the city, including but not limited to permit requirements, zoning requirements, nuisance ordinances and restrictions on privileged or illegal activities.

(Ord. No. 6222, § 1, 2-8-12)

Ice cream truck means any motorized or non-motorized vehicle or trailer from which 50 percent or more of its inventory is prepackaged or soft serve or hand dipped frozen dairy or water-based food products; irrespective of whether or not the truck carries other prepackaged food or non-food products.

Mobile vendor means, but is not limited to, any person or employee or agent thereof carrying on or conducting the business of selling or offering for sale any inedible item with value or edible food/drinks, loose, pre-packaged or prepared to include candy, vegetables, meat, fruit, or other edible foods for human consumption from any motorized vehicle.

Mobile vending vehicle/unit means any motorized or non-motorized vehicle or trailer from which any inedible item with value or edible food/drinks, loose, pre-packaged or prepared to include candy, fruit, vegetables, meat or other edible foods are sold. Mobile vending vehicle/unit shall not include vending carts used by licensed sidewalk vendors as defined in Title 5.

(Ord. No. 6222, § 1, 2-8-12)

It shall be unlawful for any person to conduct any mobile vending activity in violation of the following rules:

(1)

Mobile vending activities which include any food sales shall not be conducted without a valid Washoe County Health District permit.

(2)

Mobile vending activities shall not be conducted for more than four hours (240 minutes) at any one location within a 24-hour period. After the duration of four hours, the vehicle/unit must move a minimum of four city blocks or two miles, whichever is the shortest distance, from the previous location.

(3)

Mobile vending activities may take place on commercial private property provided that the mobile vendor maintains a letter from the property owner or responsible person granting him permission to conduct business there. The letter must be made available upon request by any City of Reno Enforcement Official. Mobile vending activities shall be prohibited on residentially zoned property.

(4)

Mobile vending activities shall not take place upon any highway, street, alley, sidewalk or city-owned or city-operated public parking lot.

(5)

Mobile vending activities shall be conducted in such a manner as not to obstruct or block any sidewalk or interfere with or impede any pedestrian or violate any other city ordinance.

(6)

The mobile vending vehicle must be identifiable with the name of the business, and the business address thereof in lettering large enough to be visible and legible from ten feet away.

(7)

Mobile vending activities shall not be conducted within 300 feet from the property line of any school, church, playground or park without the express written consent of the property owner or responsible person for the school, church, playground or park.

(8)

Mobile vending vehicles/units shall not park or be placed within a city park or the parking area of a city park without obtaining a park permit pursuant to RMC 8.23.075.

(9)

Mobile vending activities shall not be conducted within 100 feet of the entrance of a permanent restaurant business during open and operating hours.

(10)

Each mobile vending vehicle/unit shall have a separate original City of Reno Mobile Vendor Business License posted on the vehicle/unit with information identifying the vehicle identification number or license plate number.

(11)

Mobile vending activities may only be conducted between the hours of 7:00 a.m. and 11:00 p.m., unless the activities are conducted on a property within an area zoned for 24-hour operations or the property is under the privilege of a special use permit allowing such use.

(12)

Use of amplified sound or other forms used for attracting attention, to include yelling and/or "hawking" is not allowed at any time.

(13)

Advertising signs must be affixed to the vehicle/unit and may not be placed on the ground or in the public right-of-way and may only advertise the business of the mobile vendor.

(14)

Vehicles/units must be self-contained:

a.

Use of onsite storage is prohibited;

b.

Use of an ancillary power source requires a carbon monoxide detector within the unit for generator use; and a method of protection (i.e. trip guard) for extension cord use.

c.

Connections to onsite water, sewer, gas or telephone is prohibited.

(15)

Use of outdoor cooking facilities, including grills or BBQ's is prohibited.

(16)

Vending within 300 feet of a permitted special event or activity is prohibited unless the vendor is included as part of the event and allowed by written permission of event organizer per Chapter 5.13.

(17)

Sale or service of alcoholic beverages is not permitted at any time nor will any such license be issued for such sale/service to a mobile vending vehicle, unless the vendor is included as part of a special event and allowed by written permission of event organizer per Chapter 5.13.

(18)

Ice cream trucks shall be subject to, and regulated by, provisions within Title 5. It shall be unlawful to operate an ice cream truck without the required privileged license.

(19)

Mobile vendors operating as a caterer or conducting catering services for specific events shall not be subject to the provisions within this chapter.

(Ord. No. 6222, § 1, 2-8-12)

(1)

All mobile vendors must be licensed by the city and must maintain a valid Washoe County Health District permit if involved in the sale or handling of any type of food.

(2)

A separate license will be required for any mobile vending activity. A business owner can not operate a mobile vending vehicle/unit under an existing business license; however,

(3)

A mobile vendor may have more than one vehicle/unit under one business license; however each vehicle must be named as a part of the business description on the application with the Vehicle Identification Number (VIN) and the license plate. Each vehicle will have a separate license printout with these unique identifiers. Copies of the license placed in additional vehicles are not allowed.

(4)

Any person in violation of this section shall be subject to the enforcement provisions provided within Title 4 of the Reno Municipal Code.

(Ord. No. 6222, § 1, 2-8-12)

This chapter shall be known as the "Motel Inspection Program of the City of Reno", may be cited as such, and will be referred to hereafter as "MIP Chapter".

(Ord. No. 6482, § 1, 8-22-18)

(a)

Unsafe housing is a community blight often associated with unlawful activity. While the cost of enforcement is significant, the result of failing to abate substandard housing has more adverse and far-reaching consequences, such as the loss of housing and displacement of individuals.

(b)

The purpose of this chapter is to address the shortage of safe, sanitary and affordable rental housing options for residents in the city. Non-transient lodging rental properties that were formerly built as motels have historically provided affordable rental options of last resort for low-income persons. This chapter proactively identifies blighted and deteriorated non-transient lodging rental properties and enables them to rehabilitate units that do not meet minimum building, housing and property maintenance code standards so as to provide safe, habitable rental units for low-income persons to occupy, and further, to preserve and enhance the quality of life for residents of the city.

(c)

It is important that the city not only enforce on a complaint-initiated basis, but also conduct routine annual inspections in order to better address and reduce substandard housing within structures that were formerly built as transient motels in the city. It is important to conduct routine inspections on non-transient lodging rental properties due to the inherent problems associated with properties that are essentially converted from transient to non-transient lodging.

(d)

In the City of Reno it is imperative to establish enforceable minimum standards for non-transient lodging rental properties which typically consist of older motels converted from transient type occupancy to long term occupancy without the benefits of code compliant permits and process. Long term occupancy rentals are typically addressed similar to apartments or homes which have specific zoning, building and fire code requirements that are enforced upon development. These requirements typically do not apply to transient lodging rental properties. The purpose of this chapter is to establish standards for maintaining all converted non-transient lodging rental properties in the city and thereby safeguard life, limb, health, property, safety, and welfare of the public.

(e)

The City of Reno finds as follows:

(1)

There exists within the City of Reno, properties that were issued a certificate of occupancy and were approved to operate as transient lodging rental properties, which have been organically converted into non-transient lodging rental properties without review of compliance with all property related codes adopted by the City of Reno.

(2)

These properties have served as affordable housing for many residents within the city, and although the properties have not received the appropriate inspections and approvals, the housing is necessary for many residents within the City of Reno.

(3)

It is imperative to establish enforceable minimum standards for converted non-transient lodging rental properties and to provide a program for enforcing these standards.

(4)

Residents of converted non-transient lodging rental property benefit from a property maintenance code enforcement program.

(5)

It is recognized that these non-transient rental properties are necessary and serve as affordable housing and this chapter shall apply to all converted non-transient lodging rental properties, buildings, units, and premises within the city without regard to the date of construction or alteration.

(6)

The implementation of an annual inspection program will ensure compliance with all laws, rules and ordinances established within the RMC to include the property maintenance, residential, building, and fire codes. This will also include any health or public safety related adopted city or county ordinances.

(Ord. No. 6482, § 1, 8-22-18)

The provisions of this chapter shall apply to all existing non-transient lodging rental units, properties, buildings, or portions thereof used, or designed or intended to be used, for human habitation. This chapter is not an exclusive regulation of housing within the City of Reno. It shall supplement, be accumulative with, and be in addition to any and all regulatory ordinances and state or federal law existing or hereafter enacted by the city, the state or federal government or any other legal entity that may have jurisdiction. This chapter shall not apply to rental properties used entirely for transient lodging purposes and, that charge and pay transient lodging taxes pursuant to NRS Chapter 268 and, comply with all health department hotel/motel standards and regulations.

(Ord. No. 6482, § 1, 8-22-18)

For purposes of this chapter, the following definitions shall apply:

Building means a structure or part thereof.

Building Code means the International Building Code adopted pursuant to RMC chapter 14.

City means the City of Reno.

City manager means the city manager of the City of Reno, or her/his designated representatives.

Complaint means notification by any person, lodged with the City of Reno, of a violation or a suspected violation of the property maintenance code or this chapter.

Council means the city council of the City of Reno.

Dwelling means any unit, building or structure, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any garages or other accessory buildings belonging thereto, including those which are rented or leased for any term or duration, type or tenure.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single unit with the facilities which are used, or intended to be used, for living, sleeping, cooking, or eating.

Enforcement means diligent effort to secure compliance or abatement, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this chapter, "enforcement" may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, in an effort to secure compliance as to such existing buildings.

Fire code means the International Fire Code adopted pursuant to RMC chapter 16.

Inspection means the act of examining areas within the exterior and interior of a residential rental unit for purposes of identifying compliance with all codes and regulations adopted by the City of Reno.

Motel manager means a person who is responsible for the daily operation of a non-transient motel or lodging rental property, to include but not limited to, collecting rent, access and control of room keys, and serves as an on scene contact for enforcement officials.

Non-transient lodging means a building or unit occupied or intended to be occupied, for compensation, as residence for guests, primarily persons who do not have residence elsewhere, and has any rental units subject to any exemptions from the delegated authority that requires payment of transient lodging tax in accordance with NRS Chapter 268. The burden of establishing that the housing or facility is non-transient as defined herein shall be on the rental property owner or licensee. Where the rental property owner or licensee can not provide proof of the collection and payment of lodging tax as required for transient lodging, the business shall be deemed non-transient lodging.

Program means the motel inspection program created under this chapter.

Property maintenance code means International Property Maintenance Code adopted pursuant to RMC chapter 14.

RMC means Reno Municipal Code.

Transient lodging means a building or unit occupied or intended to be occupied, for compensation, as the temporary residence for transient guests, primarily persons who have residence elsewhere, and every rental unit is charged the required collection and payment of transient lodging taxes for at least 100 days per year to the delegated authority in accordance with NRS Chapter 268. The burden of establishing that the housing or facility is transient lodging as defined herein shall be on the rental property owner or licensee, who shall demonstrate the rental property or units are rented subject to the delegated authority that requires payment of transient lodging tax in accordance with NRS Chapter 268.

(Ord. No. 6482, § 1, 8-22-18)

(a)

The city manager or their authorized designee shall have the authority to make and promulgate reasonable and necessary rules and regulations to carry out provisions of this chapter as provided in chapter 8.22 of this code.

(b)

It shall be the responsibility of the property owner to ensure their units are inspected by the city at least once per calendar year.

(c)

All non-transient properties with 12 or more units shall have a motel manager living onsite with access to every room on the property so as to provide access for first responders and enforcement personnel.

(d)

All non-transient licensed property owners and motels managers shall be required to complete the City of Reno Hotel/Motel Crime Free Training at least once every 24 months.

(e)

All motel managers shall maintain a valid and active work card issued by the Reno Police Department. Proof of said work card shall be available during the annual inspection of the property.

(f)

Any owner or licensee of a non-transient property claiming an exemption from this chapter must subject their business license to auditing and provide proof their rental property is a motel or transient lodging property as defined in this chapter.

(g)

Non-transient lodging rental properties shall maintain a clean set of sheets and pillow cases accessible for tenants to interchange for replacement at least once a week. Laundromat services provided onsite for tenants may serve as an alternative.

(Ord. No. 6482, § 1, 8-22-18)

(a)

The enforcement official as defined and provided in chapter 1.05 of the RMC is authorized to enter upon premises and directed to make inspections of property, buildings and premises and complete investigations to determine compliance with the RMC and shall follow the provisions as set forth in chapter 1.05 of the RMC.

(b)

The enforcement official may expand the scope of any inspection to include other code violations noted during inspection.

(Ord. No. 6482, § 1, 8-22-18)

(a)

All necessary notifications, notices, or citations related to annual inspections of non-transient rental units shall be performed pursuant to chapter 1.05 of the RMC.

(b)

Any violations identified as a result of the required annual inspection shall be subject to an initial courtesy notice or notice of violation with no civil citation attached. Such notice shall be provided once per calendar year. This does not exempt the issuance of citations for any violations identified in response to a complaint, or any future violations after the deadline date provided in the courtesy notices or notice of violation.

(Ord. No. 6482, § 1, 8-22-18)

The Reno Code Enforcement division is hereby authorized and directed to administer and enforce the MIP chapter, all of the provisions set forth in this chapter, chapter 1.05, chapter 8.22, and all regulations approved and adopted by the city council related to the maintenance of real property within the City of Reno.

(Ord. No. 6482, § 1, 8-22-18)

(a)

Existence of a rental unit in violation of adopted codes. All dwellings, or portions thereof, shall be maintained, repaired or reconstructed in accordance with adopted codes within the RMC. Any dwelling, or portion thereof, which is deemed in violation or an uninhabitable dwelling by the Reno Code Enforcement division, is declared to be a nuisance.

(b)

Rental without inspection. It shall be unlawful and a violation of this code for any owner or party in interest to rent to or otherwise allow another person a vacant non-transient rental unit which:

(1)

Is the subject of a pending enforcement action under this chapter, until such rental unit has been inspected by the city for code compliance, and has passed such inspection;

(2)

Has not received an annual inspection within 12 months prior to the date of the proposed rental.

(c)

Any violation of this chapter shall be subject to the provisions and penalties provided under chapters 1.05 and 8.22 of the RMC.

(Ord. No. 6482, § 1, 8-22-18)

The authority of the city to enforce the provisions of this chapter is independent of and in addition to the authority of other city officials to enforce other provisions of any other title of this Code.

(Ord. No. 6482, § 1, 8-22-18)

(a)

Every person working as a motel manager under this chapter shall be required to obtain a work card, permit his or her photograph to be taken, have his/her fingerprints taken through the chief of police, and comply with any other FBI or police department requirements necessary to obtain a national background check.

(b)

It is unlawful for any business operating as a non-transient motel or lodging rental property to have a motel manager who does not have a valid work card as required by this chapter.

(c)

Every person submitting an application for a work card pursuant to this chapter is subject to a background investigation to determine suitability for the work card, and shall submit all information required by the police department or the FBI. An FBI fingerprint-based investigation must be conducted prior to the issuance of any work card set forth in subsection (a) above.

(d)

Pursuant to NRS 239B.010(1)(a) and P.L. 92-544, the police department is authorized to submit the fingerprints of an applicant for a work card set forth in subsection (a) above, plus any required fees and any information required for the background check, to the Central Repository for Nevada Records of Criminal History for a statewide background check and for submission by the Central Repository to the FBI to obtain the FBI nationwide background check of the applicant. The Nevada Department of Public Safety is hereby authorized to exchange such fingerprint data with the FBI for purposes of the background check.

(e)

It is the duty of the chief of police to investigate the legal qualifications of each applicant for a work card before a permanent work card is granted, to periodically investigate the legal qualifications of each holder of a work card, and to verify that no work card shall be granted to unsuitable persons. The following persons are declared to be unsuitable to be granted or to hold any work card under the provisions of this chapter:

(1)

A person who, within the five years immediately preceding the date of the application, has been convicted of any of the following criminal offenses, regardless of the jurisdiction of the conviction:

a.

A felony or any crime which, under the laws of this state, would amount to a felony;

b.

Any crime of which theft, fraud or intent to defraud is an element;

c.

Unlawfully possessing or distributing controlled substances;

d.

Solicitation, prostitution, or pandering; or

e.

Any sex offense requiring the applicant to register under N.R.S. 179D.441 to 179D.470, if the applicant has been classified by the state as a Tier 1, Tier 2 or Tier 3 offender.

(f)

Providing false or misleading information will be grounds for denial or revocation of a work card previously issued and/or prosecution as provided in section 1.04.010 of the Reno Municipal Code.

(g)

The police department may investigate through the use of any state or federal law enforcement agencies or through other legal means reasonably available.

(h)

The police department may revoke a work card when the person holding the card is convicted of any offense enumerated in subsection (e) above.

(i)

Any person denied a work card or who has a work card revoked may make a written application for review to the chief of police. The chief of police or his designee may, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city, and upon evidence of the good moral character and rehabilitation of the applicant, waive any of the above enumerated restrictions and conditions and grant said work card.

(j)

Any person whose denial or revocation of a work card has been upheld by the chief of police or his designee may appeal the decision of the chief of police or designee in accordance with the procedure set forth in RMC section 4.04.160.

(Ord. No. 6482, § 1, 8-22-18)

This chapter establishes the minimum procedural requirements for business licenses issued to adult interactive cabaret performers and adult businesses dealing in sexual items, materials or devices, and shall be known as the Adult Business Code.

(Ord. No. 6511, § 1, 5-8-19)

The provisions of this chapter apply to adult interactive cabaret performers and adult businesses dealing in sexual items, materials or devices in the city. Nothing in this chapter shall be deemed or construed to exempt any organization from complying with the provisions of any other ordinance of the city, including but not limited to permit requirements, zoning requirements, nuisance ordinances and restrictions on privileged or illegal activities.

(Ord. No. 6511, § 1, 5-8-19)

For purposes of this chapter, the following definitions shall apply:

Applicant means any person who has applied for a city business license.

Adult interactive cabaret performer also referred to as "performer" means any person male or female who:

(1)

Is an employee or independent contractor of an adult interactive cabaret and who, with or without any compensation or other form of consideration, performs as a sexually-oriented dancer, exotic dancer, stripper or similar dancer, actor, model, entertainer or worker whose performance on a regular and substantial basis emphasizes exposure of and focus on the adult interactive cabaret performer's specified anatomical areas; or

(2)

Is a person who, while performing or conducting personal or individual grooming, maintenance or hospitality services such as barber, cosmetic, food or beverage service or personal property maintenance (such as car wash or laundry), nevertheless emphasizes exposure of and focus on the person's specified anatomical areas; or

(3)

Is a patron of an adult interactive cabaret where the patron is performing for other patrons as part of any publicized or promoted event that encourages adult interactive cabaret performance by such patrons such as an "amateur night" or a "tryout night".

The terms "adult interactive cabaret performer" and "performer" are synonymous as used in this chapter.

Adult bookstore, adult novelty store or adult video store means an establishment which has as its stock in trade, or derives a portion of its revenues from, or devotes a portion of its interior business or advertising to, or maintains a sales or display space for the distribution, display, or presentation of any one or more of the following:

(1)

Books, magazines, periodicals, or other printed matter, pictures, drawings, photographs, sound recordings, films, negatives, slides, motion pictures or other video recordings or visual representations that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and

(2)

Instruments, objects, devices or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

(Ord. No. 6511, § 1, 5-8-19)

(a)

A business license application for an adult interactive cabaret performer will be considered properly completed upon submission of all required application materials and information, including payment of all required application fees. The city shall issue or deny the license within the next business day from the date of receipt of the properly completed application.

(b)

The city shall not issue the license if the applicant has made any false, misleading or incomplete statement of material fact in the application.

(c)

If the applicant is denied, the city shall notify the applicant with the reason(s) stated for denial. Notification of the denial shall be provided by personal service to the applicant or by certified mail to the applicant's address provided on the license application which shall be considered to be the correct address. Each applicant has the burden to furnish any change of address to the city within 15 calendar days of any change.

(d)

In the event of denial, revocation or suspension, the applicant may file or cause to be filed in the district court a petition labeled as a "First Amendment Petition" for judicial review of the validity of the denial as provided by NRS Chapter 34.

(e)

Notwithstanding section 4.04.160, the holder of an adult interactive cabaret performer business license that is the subject of revocation or suspension shall remain able to conduct business under the license until appeal has been pursued through final decision.

(Ord. No. 6511, § 1, 5-8-19)

(a)

A business license application for an adult business dealing in the distribution, display or presentation of items, materials or devices which are distinguished by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined by RMC 18.24.203.200, or are designed for sexual stimulation, sometimes known as an "adult bookstore" or "adult novelty store," will be considered properly completed upon submission of all required application materials and information, including payment of all required application fees. The applicant shall include sufficient information regarding the nature and conduct of the business to allow the city to properly consider and review the application.

(b)

The city shall issue or deny the license within 30 calendar days from the date of receipt of the properly completed application. Failure of the city to approve or deny the license application within the 30-day period shall result in the license being granted under the following condition:

(1)

That upon the expiration of the 30-day period without decision, the applicant may demand a license and begin operation of the business for which the license is sought, unless and until the city notifies the applicant of a denial of the license application and states the reason for the denial. This provision shall not create a reliance or estoppel situation as to this license or any other provision of this Code.

(c)

The city shall not issue the license if:

(1)

The applicant has made any false, misleading or incomplete statement of material fact in the application or in any report or record filed with the business licensing division; and

(2)

The business will be conducted or carried on in a building, structure and a location which is not in full compliance with all applicable health, zoning, building fire and safety laws, regulations, and ordinances.

(d)

If the applicant is denied, the city shall notify the applicant with the reason(s) stated for denial. Notification of the denial shall be provided by personal service to the applicant or by certified mail to the applicant's address provided on the license application which shall be considered to be the correct address. Each applicant has the burden to furnish any change of address to the city within 15 calendar days of any change.

(e)

In the event of denial, revocation or suspension, the applicant may file or cause to be filed in the district court a petition labeled as a "First Amendment Petition" for judicial review of the validity of the denial as provided by NRS Chapter 34.

(f)

Notwithstanding RMC Section 4.04.160, the holder of a license described in subsection (a) that is the subject of revocation, suspension or denial after beginning operation pursuant to subsection (b)(1) shall remain able to conduct business under the license until appeal has been pursued through final decision.

(Ord. No. 6511, § 1, 5-8-19)

If any section, paragraph, phrase or word of this chapter or portion thereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not invalidate the remaining portions of this chapter.

(Ord. No. 6511, § 1, 5-8-19)

City means the City of Reno, a municipal corporation of the State of Nevada.

Chief of Police means the City's Chief of Police, or designee.

City Manager means the City Manager, or designee.

Fire Chief means the City's Fire Chief, or designee.

Sidewalk vendor means a person who sells food, beverages or merchandise upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. The term includes, without limitation, a nonstationary sidewalk vendor and a stationary sidewalk vendor.

Special event means any event, activity or assembly duly authorized by the City pursuant to the Reno Municipal Code.

(Ord. No. 6667, § 1, 1-17-24)

It is unlawful for a person to engage in or carry on the business of sidewalk vendor upon any public street, sidewalk, alley, or any other public place in the City, without first having obtained a license from the City Manager.

Excluded from the provisions of this chapter are areas where First Amendment artisan display, elicit or accept contributions for, sell, offer for sale, expose for sale, or solicit offers to purchase any craft or work of his or her own creation pursuant to RMC § 5.14.010, et seq.

(Ord. No. 6667, § 1, 1-17-24)

(a)

Except as otherwise provided in subsection (b), it is unlawful for a person to sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of:

(1)

A resort hotel, as defined in NRS Chapter 463;

(2)

An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;

(3)

A convention facility operated by a county fair and recreation board; or

(4)

A median of a highway, if the median is adjacent to a parking lot.

(b)

A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection (a) if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection (a).

(c)

Sidewalk vendors shall not engage in or carry on the business of sidewalk vending within a 300-foot radius of any designated entrance or exit of a special event venue, without the prior express written permission of the event organizer.

(d)

Sidewalk vendors shall not operate within 100 feet of an established business which sells the same type of food product or other merchandise or similar service as intended by the licensee.

(Ord. No. 6667, § 1, 1-17-24)

(a)

A sidewalk vendor shall not:

(1)

Allow carts to impede access to the entrance of any adjacent building or driveway;

(2)

Occupy more than half of the available sidewalk width, or leave a space for pedestrian passage less than five feet wide;

(3)

Make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic;

(4)

Locate any cart within ten feet of a fire hydrant, fire department standpipe connection, fire escape, driveway of a fire station, police station, hospital, bus stop, any entrance or exit doorway, loading zone, or obstruct a commercial business sign;

(5)

Permit any cart or its products to be leaned against or hung from any building or any other structure, including, but not limited to, structures such as lamp posts, parking meters, mailboxes, traffic signal stanchions, fire hydrants, fire department standpipe connections, trees, tree boxes, benches, bus shelters, or traffic barriers which lawfully occupy public space;

(6)

Be allowed to sell alcoholic beverages, used goods, any controlled substance or paraphernalia, dangerous weapons, or pyrotechnics;

(7)

Use or permit the use of lights, noisemakers, bells, whistles, horns or similar devices to attract customers. A vendor may use battery-operated lights with appropriate protective shields for the purpose of illuminating merchandise; or

(8)

Use or permit the use of adjacent City or privately-owned trash receptacles.

(Ord. No. 6667, § 1, 1-17-24)

Each application for a license to conduct business pursuant to this chapter shall be accompanied by an application fee. The application fee is nonrefundable and additional to the license fee. In addition, a license fee shall be collected prior to issuance of the license. The application fee and license fee shall be established by City Council.

(Ord. No. 6667, § 1, 1-17-24)

When an application is submitted for a sidewalk vendor license, or for addition of products to an existing license, under this chapter, the City Manager shall make or cause to be made an investigation into the applicant's proposed sidewalk vending operation for the purpose of determining that said operation conforms with the provisions of this chapter and to all applicable state and local laws. An application for a sidewalk vendor's license shall contain all information deemed relevant and necessary to evaluate the proposed vending business, including but not limited to:

(a)

The name and address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process, if not otherwise set forth herein.

(b)

A brief description of the food, beverages, goods and/or merchandise to be sold.

(c)

If applicable, proof of registration of fictitious name with Washoe County Clerk.

(d)

A valid copy of all necessary permits required by state or local health authorities.

(e)

The nature of the application including whether the application is for a new license or the addition of products to an existing license.

(f)

Such additional information deemed pertinent to the operation of the proposed activity not inconsistent with this chapter as the City Manager may require in addition to the other requirements of this section.

(Ord. No. 6667, § 1, 1-17-24)

Any vendor that is required to obtain permits or licenses through the local health authorities shall do so before selling any products and have them conspicuously displayed at all times during operation of the vending business.

(Ord. No. 6667, § 1, 1-17-24)

The license issued shall be in a form deemed suitable by the City Manager. In addition to naming the vendor and other information deemed appropriate by the City Manager, the license shall contain the following conditions:

(a)

The license issued shall be personal only and not transferable in any manner;

(b)

The license is valid for one conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack;

(c)

The applicant shall furnish a certificate of insurance showing coverage under an insurance policy issued by an insurance company licensed to do business in the State of Nevada, protecting the vendor and the City from all claims or damages to property and bodily injury, including death, which may arise from operations under the license or in connection therewith. Such insurance shall provide coverage of not less than $1,000,000.00 combined single limit for bodily injury and property damage. Such certificate of insurance shall name as additional insured the City and shall provide the policy shall not terminate or be canceled nor the coverage hereunder amended or reduced prior to the expiration date without 30 days advance written notice to the City.

(d)

The license is subject to the further restrictions of this chapter.

(Ord. No. 6667, § 1, 1-17-24)

(a)

Application for renewal of licenses shall be on an annual cycle. Applications shall be on a form deemed suitable by the City Manager and shall be reviewed to determine that:

(1)

The applicant has a currently effective insurance policy in the minimum amount provided in section 4.08.080 naming the City as an additional insured;

(2)

All applicable required permits are current; and,

(3)

For the year prior, sidewalk vendor was in full compliance with all the terms conditions of its license, this chapter, and applicable local, state and federal law and regulations.

(b)

If the City Manager finds that the application meets the requirements set forth in subsection (a) above, a new license shall be issued. The City Manager shall have the authority to modify the terms and conditions of the license consistent with his or her findings set forth in subsection (a) above.

(Ord. No. 6667, § 1, 1-17-24)

(a)

Any person violating any of the provisions of this chapter:

(1)

Upon conviction, shall be guilty of a misdemeanor crime that does not constitute a crime of moral turpitude; or

(2)

If the violation occurs within a residential area the penalty is a civil violation only; or

(3)

Shall be subject to provisions of RMC Chapter 1.05, et seq.

(b)

The application of the above penalty referenced provisions shall not preclude the enforced removal of any condition violating this chapter or any license issued pursuant to this chapter ("prohibited condition"), or the closing of the place in which the prohibited conditions exist.

(c)

The enforced removal of prohibited conditions or the closing of the place in which the prohibited conditions exist shall not preclude the application of the above penalty referenced provisions.

(Ord. No. 6667, § 1, 1-17-24)

The placement of any cart or device on any sidewalk in violation of the provisions of this chapter is declared to be a public nuisance. In addition to any other legal remedies, the Chief of Police may cause the removal of any cart or device found on a sidewalk in violation of this chapter and is authorized to store such cart or device until the owner thereof shall redeem it by paying the applicable removal and storage charges.

(Ord. No. 6667, § 1, 1-17-24)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(Ord. No. 6667, § 1, 1-17-24)