Chapter 5.32
LIQUOR LICENSES
Sections:
5.32.010 License—Required—Fee schedule.
5.32.020 Application procedure.
5.32.030 Processing license applications.
5.32.050 Duties of the sheriff.
5.32.080 Licenses not assignable, transferable.
5.32.090 Proration of license fees.
5.32.120 Sale of liquor to certain persons prohibited.
5.32.130 Sale of liquor in certain areas prohibited.
5.32.140 License to be publicly displayed.
5.32.150 License revocation—Grounds.
5.32.160 License revocation—Procedures.
5.32.170 Emergency suspension by sheriff.
5.32.010 License—Required—Fee schedule.
It is unlawful for any person, firm, corporation, or association to engage in the business of selling, or to sell or offer for sale, any alcoholic beverage in the county, outside the limits of any incorporated city therein, without first procuring a license therefor and without first paying to the county a liquor license tax according to the fee schedule hereinafter set forth. The licenses herein provided for, and any fees payable therefor, shall be in addition to and not included with any other license required by state law or ordinances of the county. The liquor license fees herein referred to shall be paid according to the following schedule:
A. Retail Sale of Packaged Liquor. For alcoholic beverages sold only in manufacturer’s original package or container, the license fee shall be two hundred forty dollars.
B. On-Premises Alcoholic Beverages License. For alcoholic beverages sold for consumption on premises of sale, the license fee shall be four hundred dollars.
C. Cabaret License. If the establishment for which license is sought under this title is one at which facilities for dancing, or musical or other entertainment, are provided to customers in conjunction with the sale of alcoholic beverages on the premises, the license fee shall be four hundred dollars.
D. Application Fees. The application fee for a cabaret, saloon or package liquor license is thirty-five dollars.
E. Late Penalty. The penalty for late payment of required license fees is twenty-five percent of the delinquent amount per month overdue. (Ord. 8-21-17 § 1; amended during codification; Ord. 12-16-85A § 1(12.10))
5.32.015 Special permits.
A. Special Event Permits. Any person in charge of a special event which is scheduled and due to occur between the regular meetings of the Humboldt County liquor board, which is to be held in any unincorporated area of the county and at which it is desired to sell alcoholic beverages, may apply to the sheriff for a special permit for such sale. The sheriff shall investigate such application and the circumstances of the proposed special event in order to ensure that order will be preserved and that minors are protected. Further, the sheriff shall require that the provisions of this section are complied with by such applicants. Thereafter, if such application is satisfactory in all respects, the sheriff may issue a special permit for the sale of such liquor as he may designate at such special event.
A “special event” is a gathering at which it is desired to sell alcoholic beverages. In case of any special event planned before the date of the next regular meeting of the county liquor board to be held thereafter, the application shall be made at such regular meeting.
A license fee of thirty dollars shall be charged for such special permits. No such special permit shall be for a period of more than three days. Each permit shall designate with particularity the precise area or location for which the special permit is being granted and the hours of each day for which said permit is valid. No such license fee shall be charged if the applicant is a charitable or nonprofit organization.
B. License Required. A special permit is required for each and every special event despite the fact that the host, promoter, or person in charge of the event holds a liquor license, if that event is to be held in a location or on premises different from those for which the liquor license was granted.
C. Authority of County Liquor Board. The county liquor board shall have the authority after such investigation as it deems proper to issue a temporary license pending the processing of application for a permanent license.
D. Temporary Licenses. In special or unusual circumstances, and in order to prevent undue hardship to an applicant, the Humboldt County sheriff may issue a temporary license pending the processing of an application for a permanent license; provided, however, that at the time any such temporary license is issued by the Humboldt County sheriff, a full and complete application for a liquor license shall be on file with the sheriff.
E. Off-Premises Special Events License for Active Liquor License Holders. The sheriff may issue an off-premises special events license to active liquor license holders. The application must designate the date, location and nature of the special event, and the applicant must comply with such conditions that may be deemed necessary by the sheriff to protect the public health and safety. No additional fee shall be charged for the permit.
F. Applications. Applications for special events under subsection (A) or (E) of this section are due to the sheriff ten business days before the event. (Ord. 8-21-17 § 1)
5.32.020 Application procedure.
Before any license is issued by the liquor board authorizing the sale of alcoholic beverages, the applicant therefor shall submit a written application for such license, under oath, setting forth the following information:
A. The name, age and address of the applicant, and the addresses of all residences during the five years immediately prior to the date of application;
B. A description of the premises to be licensed and the owner thereof, if other than the applicant, together with the exact location of the premises and the portion thereof to be occupied by the establishment for which the license is sought;
C. The type of license for which application is made;
D. The name of the owner or owners of the business to be conducted and the respective interests of each owner;
E. The dates and places in which the applicant has held previous liquor licenses;
F. A financial statement on a form similar to those then in current use by banking establishments in Humboldt County; and
G. A statement that, if the license is issued, the applicant will conduct the establishment in accordance with the provisions of the laws of the State of Nevada, the laws of the United States of America, and the ordinances of the county applicable to the conduct of such business, and that such application is made upon the express condition that if such license is granted, it shall be subject to revocation in accordance with the provisions of this title. (Ord. 12-16-85A § 1(12.5))
5.32.030 Processing license applications.
A. Every application for license shall be filed with the county sheriff and shall be accompanied by the payment of the amount of the license fee applicable to the particular type of license for which application is being made. Where the application is for initial licensing in this county, the applicant shall also pay to the county an additional application fee as a condition precedent to having issued to him or her the license sought, which said sum shall be used to defray the expense of investigation and shall be in any event retained by the county.
B. The sheriff shall thereafter investigate into the qualifications of the applicant and report the results of his investigation to the liquor board. Upon receipt of such information the sheriff shall, within a reasonable time thereafter, recommend approval or disapproval of the application and transmit all information pertaining to the license application to the liquor board for its action in granting or refusing the application. If the application is granted the liquor board shall cause the license to be issued and if the application is rejected the liquor board shall forthwith, upon request of the applicant, refund the license fee money deposited by the applicant. (Ord. 12-16-85A § 1(12.6))
5.32.040 Investigation—Fees.
A. Upon receipt of an application for a license or permit or renewal thereof, the sheriff shall conduct such investigation as is reasonably necessary to determine whether the applicant is qualified to receive the license or permit. Any reasonable investigation costs shall be the responsibility of the applicant and may be demanded in advance by the sheriff.
B. The sheriff may waive all or part of the investigation fee specified in any provisions of this title in cases of applications for renewal of licenses or permits or where the applicant has been recently investigated and there does not appear to be a significant change of circumstances since that last investigation.
C. The sheriff may charge an applicant a reasonable fee in excess of any amount specified in this title where the circumstances mandate a more extensive investigation than is normally required.
D. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, after receiving the application or a copy thereof.
E. All other investigations, except where otherwise provided in this title, shall be made by the sheriff’s office or by some other officer designated by the board. (Ord. 12-16-85A § 1(12.2))
5.32.050 Duties of the sheriff.
It shall be the duty of the sheriff to:
A. Inspect or cause to be inspected any establishment where alcoholic beverages are manufactured or sold;
B. Investigate into the qualifications of all applicants for licenses as provided in this title and report the results of his investigations to the liquor board, and recommend the allowance or disallowance of any application for a license under the provisions of this title;
C. Institute through proper authorities, proceedings, actions and prosecutions for the enforcement of the provisions of this title relating to the penalties, liabilities and punishment of persons for refusal or neglect to comply with the provisions of this title; and
D. To recommend to the liquor board the revocation of any license issued under the provisions of this title when a licensee has refused to comply with, or has violated any of the provisions of, this title, or of any violation of any law of the state or the United States regulating or pertaining to the sale of alcoholic beverages, or for misrepresentation of a material fact by the applicant in obtaining a license or when a licensee is determined to be no longer a suitable person to hold a license under the provisions of this title, having a due consideration for the proper protection of the public health, safety, morals, good order and welfare of the inhabitants of the county. (Ord. 12-16-85A § 1(12.3))
5.32.060 Multiple licenses.
In the event an applicant for licensing is not the sole owner of the business to be conducted on the premises for which the license is sought, the application must be accompanied by a sworn statement listing all owners of said business and their respective interests therein. A license issued in such circumstances shall bear the names of all owners of the business so licensed and each person so listed upon the license shall be deemed responsible for the proper conduct of the business. (Ord. 12-16-85A § 1(12.4))
5.32.070 License renewal.
Notwithstanding any other provisions of this title, the procedures set forth in this chapter for the application and issuance of liquor licenses shall not apply to the renewal of licenses previously issued to the same applicant. With respect to such renewal of licenses, no formal application procedure shall be required and the treasurer shall cause the reissuance or cancellation of such license renewals in the manner following:
A. No later than the first regular liquor board meeting of the last month of each calendar quarter, the sheriff shall submit to the liquor board a list of all liquor licenses which are to expire at the end of such quarter, together with a written recommendation for or against the renewal of each such license.
B. At the time the sheriff submits such list, the liquor board shall consider in advance the renewal of all liquor licenses destined to expire at the end of such quarter and shall enter its order either approving or denying the renewal of the licenses.
C. Upon payment of the necessary license fee, the sheriff shall thereafter automatically reissue liquor licenses at the end of each calendar quarter to those licensees whose license renewal has been approved by the liquor board.
D. Any licensee whose license renewal has been disapproved by the liquor board shall be notified of such in writing, in the manner provided in HCC 5.32.160, upon which the licensee may avail himself of the procedures therein set forth. (Ord. 12-16-85A § 1(12.7))
5.32.080 Licenses not assignable, transferable.
A. No license granted or issued under any provision of this title shall be in any manner assignable or transferable, or shall authorize any person other than as therein named to do business, or shall authorize the conduct of any business other than therein specified, at any place other than therein mentioned.
B. If a business is owned or conducted by a partnership, corporation or association, a sale or transfer of the stock or equity in such partnership, corporation or association, in an amount in excess of forty-nine percent thereof, will require the application for and issuance of a new liquor license, notwithstanding the fact that such firm or business continues its operation in the same style or trade name and at the same location. A sale and transfer of equity or stock in such business, in amounts not exceeding forty-nine percent, shall not require new licensing for such business; provided, however, that the names and addresses of all such new owners of licensed businesses shall be reported to the sheriff’s office for inclusion on the next succeeding quarterly license for such business. (Ord. 12-16-85A § 1(12.8))
5.32.090 Proration of license fees.
All fees and charges for licenses shall be paid on a quarterly basis, in advance, at the time of application therefor to the county treasurer. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated and the license fee paid for each quarter or fraction thereof during which the business has been or will be conducted. License fees paid pursuant to this title shall not be refundable, but shall be deposited with the county treasurer for deposit in the general fund of the county. (Ord. 12-16-85A § 1(12.9))
5.32.100 Right of inspection.
Every official and police officer of the county shall have access to every part and portion of the establishment for which a license is issued under the provisions of this title, at any time when such establishment is open for the transaction of business and at all other reasonable times. (Ord. 12-16-85A § 1(12.11))
5.32.110 Prohibited acts.
A. No person shall sell, deliver or give away or otherwise furnish any alcoholic beverage to any person under the age of twenty-one years, or leave or deposit any such alcoholic beverage in any place with the intent that the same shall be procured by any person under the age of twenty-one years.
B. No person shall deliver, sell or give away any alcoholic beverages to any person actually and apparently under the influence of alcoholic beverages.
C. It is unlawful for any person under the age of twenty-one years to purchase or consume any alcoholic beverage in any establishment licensed under the provisions of this title and it shall be unlawful for any parent or guardian of a person under the age of twenty-one years to permit such person to purchase or consume any alcoholic beverage in any establishment licensed under the provisions of this title.
D. It is unlawful for any person under the age of twenty-one years to have any alcoholic beverage in his custody or possession at any time.
E. Except as set forth in subsection (F) of this section, it is unlawful for any person under the age of twenty-one years to loiter, lounge or remain in or upon any premises where alcoholic beverages are licensed to be sold for consumption on the premises.
F. Subject to the limitations hereinafter set forth, any establishment licensed as a cabaret under the provisions of this title, which regularly provides musical or other entertainment to its customers, may employ person under the age of twenty-one years to work therein, where the services to be performed by such employee are limited to the furnishing of professional entertainment. Entertainers under the age of twenty-one years may enter upon and remain in such place of employment under the following circumstances only:
1. In advance of any such employment, the parent or legal guardian of such minor person shall make written application to the county sheriff, which application shall set forth the name of the minor and his date of birth, the name and address of the applicant and his relationship to the minor, the date or dates upon which the minor is to be employed as an entertainer, the place of such employment, and the exact hours or schedule thereof.
2. The sheriff shall investigate all matters pertaining to the application and shall allow or reject the same, giving appropriate notice to the applicant. The sheriff shall be authorized to impose special conditions to any such employment as may be deemed reasonably necessary.
3. Notwithstanding any other provisions of this section, minor persons may be employed as entertainers in establishments where alcoholic beverages are sold only when such minor person is at all times accompanied by and under the supervision of his parent or legal guardian. Further, such minor persons shall be allowed within such places of employment only when actually engaged in presenting the entertainment for which he is employed. (Ord. 12-16-85A § 1(12.12))
5.32.120 Sale of liquor to certain persons prohibited.
Every business licensed under this chapter shall maintain a bulletin board which shall be conveniently placed in such a manner that it can be readily seen by proprietors and employees, but not by patrons. It shall be the duty of every licensee under this chapter, when requested in writing so to do by the sheriff or other peace officer or the liquor board of the county, to immediately post upon such bulletin board the name of any person determined to be:
A. A habitual or common drunkard or dipsomaniac;
B. A person who is a menace to the life, health or peace of his family or others, when intoxicated; or
C. A husband or father who fails to provide those dependent upon him with the common necessities of life;
and it shall thereafter be unlawful for any person connected with such business, as proprietor, employee or otherwise, to sell, give or in any manner dispose of any alcoholic beverage to any such person until such time as the request hereinbefore mentioned may have been withdrawn. The parent, wife, child, brother, sister or guardian of any person referred to in subsection (A), (B) or (C) of this section may cause such person’s name to be included on the list herein referred to upon making written application to the sheriff’s office to that effect. (Ord. 12-16-85A § 1(12.13))
5.32.130 Sale of liquor in certain areas prohibited.
A. It is unlawful, as a public nuisance per se, for any person, firm, association or corporation to sell, offer for sale or otherwise engage in the business of selling alcoholic beverages to the public, in any manner, where such business is conducted at any location at which the conduct of such business is prohibited by the terms of any county zoning ordinance.
B. Nothing contained herein shall be construed to apply to any business licensed for the sale of alcoholic beverages at the effective date of the ordinance codified in this title; provided, however, that if the liquor license for such preexisting business hereafter lapses, expires, or is revoked, no further or additional licensing shall be issued to conduct such business in violation of the terms of this title. (Ord. 12-16-85A § 1(12.14))
5.32.140 License to be publicly displayed.
During all of the period of time for which a license has been issued authorizing the sale of alcoholic beverages, the license shall be posted and at all time displayed in a conspicuous place in the room where such business is carried on so that all persons visiting such place may readily see and read the same. It is unlawful for the licensee to fail to so post such license, or to keep the same posted, or to post such license or to permit such license to be posted in an establishment other than that licensed, or in an establishment where traffic in alcoholic beverages is carried on or conducted by any person other than the licensee. (Ord. 12-16-85A § 1(12.15))
5.32.150 License revocation—Grounds.
Any license issued under the provisions of this title may be revoked by the liquor board of the county:
A. When the licensee or any of its employees has, subsequent to the issuance of the license, been convicted of an offense of such a nature and under such circumstances as to cause the liquor board to conclude that such licensee or individual is no longer a suitable or qualified person to conduct a business dealing in alcoholic beverages in the county;
B. For making any false material statement in an application for a license or employment certificate;
C. For transferring, assigning or hypothecating a license;
D. For failure to pay any installment of license fee in advance;
E. For refusal or neglect to comply with any of the provisions of this title;
F. When a license issued under the gaming or gambling laws of the State of Nevada for the same establishment occupied by the licensee under this chapter has been revoked for cause; or
G. When it appears that the licensee’s business has theretofore been conducted, generally, in a manner contrary to public health, safety, morals, good order and general welfare of the citizens of the county. (Ord. 12-16-85A § 1(12.16))
5.32.160 License revocation—Procedures.
A. Any license issued pursuant to this title may be revoked in the manner provided in this section.
1. The liquor board may, on its own initiative, or upon complaint of any person, institute proceedings to revoke a license by serving upon the licensee notice setting forth the alleged grounds for such license revocation and notifying the licensee of the procedure by which he may contest such proposed license revocation. Service of such notice shall be in person to the licensee, or by certified mail to the licensee’s address as shown on the license application, filed pursuant to the provisions hereof.
2. Within five days of the date of service of the notice, as aforesaid, the licensee shall file with the liquor board, through the sheriff of the county, a written answer, under oath, responding to the allegations set forth in the notice served upon him.
3. The liquor board shall thereafter fix a day and time for a hearing at which the licensee will be given an opportunity to be heard.
4. The liquor board shall, within ten days from the date of such hearing, enter its order revoking or refusing to revoke the license.
5. If the licensee fails to file a written answer within the time required, or if the licensee fails to appear at the place and time designated for the hearing, the liquor board shall order the license revoked.
B. It is unlawful for any person to cause any complaint to be filed with the liquor board seeking the revocation of any license issued under the terms of this title knowing such complaint to be unfounded in actual fact. (Ord. 12-16-85A § 1(12.17))
5.32.170 Emergency suspension by sheriff.
A. Notwithstanding any other provisions of this title, every licensee accepts such license subject to the right of suspension without notice and subject to all the conditions and provisions of this title. Upon any revocation of a license, after notice and hearing, the county shall be entitled to retain the license fee paid.
B. The sheriff, for cause, and without prior notice, may suspend any liquor license until the next regular meeting of the county liquor board. Written notice of the suspension shall be given by the sheriff to the licensee and also to the liquor board. At its next regular meeting, after such license suspension, the board shall determine whether such suspension shall be rescinded; but if the board decides that the suspension shall continue and remain in effect, then, and in such event, the proceedings prescribed in this title relative to maintenance of such license revocation, with required notice of hearing, shall be initiated as soon as possible and complied with. (Ord. 12-16-85A § 1(12.18))