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 Reno
 Administrative Code
 Title 4. BUSINESS LICENSE CODE
 Chapter 4.07. ADULT BUSINESS

  § 4.07.30. Adult business dealing in sexual items, materials or devices; license issuance or denial; revocation or suspension stayed pending appeal.  

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  • (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)