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August 29, 2014

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Clark County code for nightclubs and topless pools

8.20.570 Grounds for disciplinary action. The board may deem that any activity on the part of the licensee, his agents, servants or employees, or a person previously found suitable, which is inimical to the public health, safety, morals, good order, or general welfare of the people of the county or which would reflect or tend to reflect discredit upon the county or the liquor industry or which violates any ordinance or regulation of the board or any other violation of federal law or regulation, state statute or the Clark County Code is grounds for disciplinary action in accordance with Chapter 8.08 of this code. Without limiting the generality of the foregoing, all licensees are declared to be subject to disciplinary action for any of the following violations done either personally or through an agent, servant, or employee:

(a) Each licensee who violates any provision of Chapter 8.04, 8.20, 8.32, 8.40 or 8.44 of this code.

(b) Each licensee who sells, purchases or leases a liquor business operation or portion or percentage thereof which is licensed by the board, without first obtaining approval of the board.

(c) Each licensee who knowingly fails to report or conceals from the board a full disclosure of the names of all persons having an interest in the ownership of or having an equitable or beneficial right to the profits under a license in which he has an interest.

(d) Each licensee who knowingly fails to report or conceals from proper authorities any information which it is his duty to supply under any statute, ordinance or regulation of the state and the county.

(e) Each licensee who, for conduct subsequent to the issuance of a license, becomes ineligible to hold a liquor license as set out in the statutes, ordinances and regulations of the state and the county.

(f) Each licensee who knowingly allows his licensed premises to be frequented by or to become the meeting place, hangout or rendezvous for prostitutes, known hoodlums, persons described as undesirables in liquor operations or those who are known to engage in the use or distribution of illegal narcotics or in any other illegal occupation or business. Any licensee knowingly permitting such conditions on the licensed premises may be subject to all forms of disciplinary action, including but not limited to, provisional suspension of his license, pending elimination of the indicated violation. Disciplinary action for permitting any such violation may be initiated against the licensee for failure to eliminate the same by affirmative corrective action for a period of ten days from the date of written notice of the existence of any such condition or violation.

(g) Each licensee who knowingly made a misrepresentation of a material fact in his application to obtain a license.

(h) Each licensee whose liquor license in any place in the state of Nevada has been revoked for cause.

(i) Each licensee who knowingly allows any male or female person to appear nude or topless in any area on its premises. For the purposes of this section "male or female person" means a licensee, his or her employees, their agents or employees.

Exceptions:

(1) A resort hotel may provide for its guests a specially designated portion of its swimming pool area where topless sunbathing is permitted. However, such a specially designated area must be separated from all other swimming pool and guest areas; be obstructed from the view of patrons in other swimming pool and common areas; be off-limits to all minors under the age of eighteen; and cannot be used for any special events, contests or parties while any topless sunbathing is taking place;

(2) A liquor licensee that is also properly zoned and licensed as an adult entertainment cabaret may permit topless dancing, performing, or entertaining by a cabaret entertainer in accordance with all applicable Clark County Code regulations; and

(3) A showroom operated at a resort hotel may allow its performers to perform topless in a scheduled show provided that all of the requirements of Section 8.20.020 ("Showroom") are met; that the performers remain on the stage at all times they are topless; that the performers at all times they are topless have no physical contact with patrons; and that the performers at all times they are topless cannot be viewed by patrons located outside of the showroom.

(j) Each licensee who knowingly encourages or condones nudity, lewd activity, or topless activity by patrons (except where otherwise expressly permitted by this section), or who fails to take immediate corrective action against such prohibited patron activity.

(k) Each licensee who knowingly employs, permits or uses any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is topless or nude;

(l) Each licensee that is also properly zoned and licensed as an adult entertainment cabaret who knowingly employs, permits or uses the service of any person, including but not limited to any cabaret entertainer, to mingle with the patrons while such person is topless;

(m) Each licensee that is also properly zoned and licensed as an adult entertainment cabaret who knowingly permits, allows or encourages any employee, including but not limited to any cabaret entertainer, to do any of the following on the licensed premises for the purposes of arousing or gratifying the sexual desire of any person when patrons are present anywhere on the licensed premises:

(1) Use or permit any part of his or her body, to make contact with the anus, pubic region, genitals, or female breasts of any other person;

(2) Use or permit his or her anus, pubic region, genitals or female breast(s) to make contact with any other person except that while dancing a cabaret entertainer may allow their clothed anus, pubic region, and genitals to make contact with a patron's leg(s), excluding the patron's feet, as long as there is no contact that is otherwise prohibited in this subsection (m);

(3) Use or permit his or her buttocks to make contact with the face, hands, anus, pubic region, genitals, or female breasts of any other person; or

(4) Perform any lewd activity or any sexual acts which are prohibited by law.

For the purposes of this section and Section 8.20.570(o), "contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object.

(n) Patrons may tip cabaret entertainers provided there is no contact that is otherwise prohibited in this section.

(o) Each licensee properly zoned and licensed as an adult entertainment cabaret who knowingly permits, allows, or encourages any patron to use any part of his or her body, to make contact with the breasts, anus, pubic region, or genitals of any employee, including but not limited to any cabaret entertainer, for the purposes of arousing or gratifying the sexual desire of any person. This does not, however, prohibit the contact that is permitted by subsection (m) of this section.

Patrons are also prohibited from allowing or using their hands, face, pubic region, genitals, or anus from touching the buttocks of any employee, including but not limited to any cabaret entertainer, for the purposes of arousing or gratifying the sexual desire of any person.

Except in cases of medical or emergency purposes, patrons must remain in a vertical position from the waist up at all times he or she is receiving or viewing a dance or performance by any cabaret entertainer.

(p) Each licensee properly zoned and licensed as an adult entertainment cabaret who knowingly permits, allows, or encourages topless dancing, performing or entertaining by any cabaret entertainer, within an area which is not immediately accessible to representatives of the LVMPD and the department without prior approval or restrictions of any type, including but not limited to physical barriers, electronic access, security personnel or any other type of security measure.

(q) Each licensee properly zoned and licensed as an adult entertainment cabaret who knowingly permits, allows, or encourages topless dancing, performing, or entertaining by any cabaret entertainer within an area which is not visible immediately and completely, from one of the following areas, either by direct observation or by means of electronic monitors that must provide instant, real-time visibility: (i) upon entrance to the licensed premises; (ii) from at least one security station that has a fixed location; or (iii) from a service bar area located on the licensed premises. The use of electronic monitors to satisfy the requirements of this subsection must all be located in one central location.

(r) Each license that is also properly zoned and licensed as an adult entertainment cabaret who knowingly permits, allows or encourages any person under the age of twenty-one years to be admitted into the licensed premises. Such prohibited persons include, but are not limited to patrons and employees under the age of twenty-one years.

Disciplinary action taken pursuant to this section is directed only to regulate the sale and distribution of alcoholic liquor and to minimize its deleterious effects on the public's health, safety, morals, good order and general welfare. Sanctions imposed upon a licensee which restrict or prohibit the sale or distribution of alcoholic liquor are within the state's power under the Twenty-First Amendment as delegated to the board by NRS 244.350 and defined in City of Newport, Ky. v. Iacobucci, 107 S.Ct. 383. However, any licensee who is subject to disciplinary action pursuant to this section that claims the board unconstitutionally infringed upon some First Amendment right, may, after board action, file or cause to be filed in the district court a petition for writ of certiorari or writ of review pursuant to NRS 34.010 et seq., and EDCR 2.17.

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