§ 4.04.190. Authority of city.

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)