§ 5.05.012. Adult interactive cabaret work card.

(a)

Each adult interactive cabaret employee and adult interactive cabaret performer employed or conducting business as an independent contractor in an adult interactive cabaret, as defined under RMC section 5.06.011, shall obtain an adult interactive cabaret work card as described under this section, and have his/her fingerprints and photograph taken through the chief of police prior to the commencement of work.

(b)

It is the duty of the police chief or designee to investigate the legal qualifications of each applicant for an adult interactive cabaret work card before any such work card is granted, and to periodically investigate the legal qualifications of each holder of such work card. An adult interactive cabaret performer shall maintain evidence of an active business license. The police chief may investigate through the use of any state or federal law enforcement agencies or through other legal means reasonably available.

(c)

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 an adult interactive cabaret work card, 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.

(d)

The chief of police or designee shall deny the issuance or cause the revocation of a work card required under this section for any of the following reasons:

(1)

The applicant has provided false information, or has omitted required information, with respect to any material fact contained in the application for a work card;

(2)

The applicant has been convicted of a crime in any state in a five-year period immediately prior to the date of the application for the work card for:

a.

Solicitation of prostitution, prostitution or pandering;

b.

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

c.

Any crime on the premises of an adult interactive cabaret within the City of Reno;

d.

Any sex offense requiring the applicant to register under NRS Chapter 179D; or

e.

Unlawfully possessing or distributing controlled substances.

(3)

The applicant has violated Code regulations, as set forth in section 5.06.080 (adult interactive cabaret operations), or has had an adult interactive cabaret work card revoked pursuant to this Code, within five years of the date of the current work card application; or

(4)

The applicant has been denied the issuance or renewal of an adult interactive cabaret work card by the City of Reno, within five years of the date of the current work card application, for any reason set out in subsections (d)(1), (d)(2) or (d)(3) of this section. Denial for grounds set forth in this subsection will not serve to renew or extend the time from previous revocation or denial within which an applicant will be denied a work card.

(e)

Completed work card application. A work card application for an adult interactive cabaret employee and adult interactive cabaret performer employed or conducting business as an independent contractor in an adult interactive cabaret, as defined by RMC section 5.06.011, will be considered properly completed upon submission of all required application materials and information, including submission of fingerprints and payment of all required application fees. The Work Applicant Unit of the Police Department shall issue or deny the work card no later than one full business day from the date of receipt of the properly completed application.

(f)

Denial. An adult interactive cabaret work card shall only be denied for grounds set forth in subsection (d). If denial occurs, the work card applicant shall be notified either personally or by certified mail, mailed to the applicant's address on file with the Work Applicant Unit.

(1)

If the work card is denied, the applicant may request review of the denial by the police chief or designee and shall request review within ten business days of the date of denial. The failure to commence a timely appeal shall be deemed a waiver of any and all objections to the denial. The police chief or designee shall issue a review decision in writing within five business days of the request for review.

a.

Notification of the review decision shall be provided either personally or by certified mail, mailed to the applicant's address on file with the Work Applicant Unit. Each applicant has the burden to furnish any change of address to the Work Applicant Unit. Notice of the review decision shall officially commence on the day the decision is personally given or the day the decision is deposited into the mail under certification.

b.

An applicant who seeks to engage in First Amendment expressive conduct and whose denial of a work card has been upheld on review may file or cause to be filed in the district court a petition labeled as a "First Amendment Petition" for judicial review challenging the validity of the revocation or denial of the work card as provided by NRS Chapter 34.

c.

An applicant who does not seek to engage in First Amendment expressive conduct and whose denial of a work card has been upheld on review may appeal the decision of the chief of police or designee in accordance with the procedure set forth under RMC section 4.04.160.

(2)

Upon request for review, except as addressed in subsection (f)(3), the applicant shall be issued a temporary work card. The temporary work card will carry an expiration date of thirty days from the date of the request for review.

(3)

If the work card is denied for grounds set forth in subsection (d)(4), the applicant will not be issued a temporary work card. The applicant may nonetheless pursue review and appeal pursuant to subsection (f)(1).

(g)

Revocation. An adult interactive cabaret work card shall only be revoked for grounds set forth in subsection (d). If revocation occurs, the police chief or designee shall notify the work card holder of such revocation in writing by certified mail, mailed to the work card holder's address on file with the Work Applicant Unit of the Police Department.

(1)

If the work card is revoked, the work card holder may appeal and request review of the revocation by the police chief or designee and shall request such review within ten business days of the date of revocation. The failure to commence such a timely appeal shall be deemed a waiver of any and all objections to the revocation or suspension. The police chief or designee shall issue a review decision in writing within five business days of the request for review.

a.

Notification of the review decision shall be provided either personally or by certified mail, mailed to the work card holder's address on file with the work applicant unit. Each work card holder has the burden to furnish any change of address to the work applicant unit. Notice of the review decision shall officially commence on the day the decision is personally given or the day the decision is deposited into the mail under certification.

b.

An applicant who seeks to engage in First Amendment expressive conduct and whose revocation of a work card has been upheld on review may file or cause to be filed in the district court a petition labeled as a "First Amendment Petition" for judicial review challenging the validity of the revocation of the work card as provided by NRS Chapter 34.

c.

An applicant who does not seek to engage in First Amendment expressive conduct and whose denial of a work card has been upheld on review may appeal the decision of the chief of police or designee in accordance with the procedure set forth under RMC section 4.04.160.

(2)

An applicant who seeks to engage in First Amendment expressive conduct, upon request for review of the revocation, the work card holder shall be issued a temporary work card. The temporary work card will carry an expiration date of thirty days from the date of the request for review.

(3)

If a work card is revoked, and after appeal has been pursued through final decision or the time for appeal has expired without pursuit of appeal, the city may notify, as applicable to the individual, adult interactive cabaret(s) within the City of Reno that the work card has been revoked.

(h)

Pending charges. While criminal charges enumerated in subsection (d) are pending, a person who applies for a work card, reports a name change, change of contact information, or reports a lost or stolen work card, will be issued a temporary work card. The temporary work card will carry, as an expiration date, the date the criminal charges are scheduled to be heard in a court of law. The expiration date will be extended, as necessary, until the criminal charges have been adjudicated. If disposition of the criminal matter results in work card denial, the applicant may pursue review and appeal pursuant to subsection (f)(1). It is the applicant's responsibility to obtain a temporary work card with a new expiration date.

(i)

Validity. A permanent work card will be valid for five years from the date of initial application and will expire thereafter. Appeals of adverse decisions or issuance of temporary work cards shall not serve to extend the expiration date. A permanent work card issued prior to the effective date of this ordinance will retain the expiration date in effect when the permanent work card was issued. A work card issued under this section does not satisfy work card requirements for persons otherwise employed by or acting as an independent contractor for the businesses identified under RMC section 5.05.011.

(Ord. No. 6512, § 1, 5-8-19)