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Nye County Agenda Information Form

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Nye County Agenda Information Form NYE COUNTY AGENDA INFORMATION FORM X Action a Presentation CI) Presentation & Action Agenda Number Department: Nye County Clerk I/ Category: Contact: Sandra Merlino Phone: 482-8127 Continued from meeting of: Action requested: (Include what, with whom, when, where, why, how much ($) and terms) Approval of the LLB Minutes for July 6,2004 and July 20, 2004 Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Approval of the LLB Minutes for July 6,2004 and July 20, 2004 Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 10 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Ex~enditureImpact by FY(s): (Provide detail on Financial Form) C;) No financial impact Routing & Approval (Sign ((l Date) I 1 Dept Date 1 6. Date I I I Date 2. 1 7. HR Date I I I 3. Date 1 8. Legal Date I I I Date 4. 1 9. Budgets Date 0 Approved 0 Disapproved 0 Amended as follows: 1 Clerk of the Board Date AGENDA FINANCIAL FORM Agenda Item No.: 1. Department Name: 2. Financial Contact Person: Direct Phone 3. Personnel Contact Person Direct Phone 4. Was the Budget Director consulted during the completion of this form (Y or N )? 5. Does this item require a budget adjustment to be made (Y or N)? 6. Account Number Data: (Complete for all revenue and expenditure lines and for all fiscal 'Comments'bection below.) Budgeted Fund Dept # Function 0 bject $ Amount 7. Comments: Completed by: Date: Signature Page 1 Date 07/06/04 Pursuant to NRS, the Licensing and Liquor Board met in regular session at 9:00 a.m. at the Bob Ruud Community Center, Tonopah, Nevada. Joni Eastley, Chairperson Midge Carver, Vice-Chairperson Candice Trummell, Chairperson Patricia Cox, Commissioner Henry Neth, Commissioner Erik Levin, Deputy District Attorney Sandra Merlino, Ex-Officio Clerk of the Board Tony DeMeo, Sheriff Michael Maher, County Manager Also Present: Susan Wharff, Deputy Clerk; Ron Kent, Deputy District Attorney; DanRa Boscovich, Certified Shorthand Reporter; Johanna Cody, Assistant Sheriff. NYE COUNTY BOARD OF ROAD COMMISSIONERS RESOLVED TO THE LICENSING AND LIQUOR BOARD 1. APPROVAL OF MINUTES FOR MAY 4,2004 Commissioner Neth made a motion to approve; seconded by Commissioner Carver; 6 yeas. 2. GENERAL PUBLIC COMMENT Mrs. Olliverier stated Mr. Richards lied when getting his license. She stated people are afraid to take down the signs. She stated the signs were illegal and immoral. 3. RENEW OF EXISTING BROTHEL LICENSES: C. MABEL'S RANCH D. SHADY LADY E. CHICKEN RANCH uests late. He stated Page 2 Date 07/06/04 3. RENEW OF EXISTING BROTHEL LICENSES-CONT'B: Commissioner Neth made a motion to approve the renewal of the five licenses; seconded by Commissioner Carver. Sheriff DeMeo stated the renewals had met the requirements of the Nye County Ordinances. Commissioner Trummell asked if it was time to give a conditional renewal to give lawful orders regarding signage. Commissioner Neth stated the brothel ordinance was very wide open. Commissioner Trummeii asked if it was possible to give a &month renewal and revisit the issue in 6 months. Ron Kent, Deputy District Attorney, stated there was due process procedures that needed to be followed. He reviewed. He stated there were also certain remedies available to the Board to address certain brothel licenses. Sheriff DeMeo stated the fees were collected quarterly. He stated he was a voting member of the LLB and was going to abstain from voting on the issue because of his authority in the oversight of the brothels. Commissioner Neth suggested amortization as the best way to regulate the brothels. Commissioner Trummell referred to Nye County Code 9.20.130~regarding signs. She read the code into the record. She stated some of the houses of prostitution were out of compliance. Commissioner Neth stated he had several meetings with the Brothel Association. He stated there would be a marked improvement over the next few weeks regarding the signage issue. He stated the brothel ordinance could be written regarding amortization and over the next six to eight months the issue would go away. Commissioner Trumrnelf asked about the Posads versus the tourism company of Puarto Rico. She reviewed. Page 3 Date 07/06/04 3, RENEW OF EXISTING BROTHEL LICENSES-CONT'D: Mr. Kent discussed the signage issue and the ordinance and the legal involvement of the first amendment. He stated there were no regulations in place regarding massage parlors, museums or art museums. Mr. Kent stated what had occurred was a licensee had attempted to circumvent the language of the Nye County ordinance. He stated the ultimate decision would be for a judge and jury. He discussed the challenges before the Board and the first amendment issue. Commissioner Trummell asked what might constitute a museum. Mr. Kent stated that would be a finding of fact for a jury. Commissioner Neth stated the biggest issue in Pahrump was the signs. He stated through conversations with citizens the brothels were not the problem. He reviewed. Commissioner Trummell stated the Board should not renew licenses if they were not in compliance. She discussed all of the different types of signage and what was allowed. Commissioner Neth stated the Boards responsibility was not to open up the County to legal issues that would cost the taxpayers money. Commissioner Trummell stated the County was supposed to ignore their own Ordinance because they did not want somebody to sue them. She stated it sounded like someone was trying to blackmail or intimidate the County into giving them what they wanted. Commissioner Cox asked the DA about granting 6-month renewals but receiving payments on a quarterly basis. Mr. Kent stated the Board needed to follow due process. He suggested reducing the complaint to writing and to give notice of a show cause hearing. Ken "Clearwater" Grubb, Pahrump resident, stated he was in favor of approving all of the licenses that were in place. Page 4 Date 07/06/04 3. RENEW OF EXISTING BROTHEL LICENSES-CONT'D: Commissioner Cox asked for clarification on the license and payment process. Johanna Cody, Assistant Sheriff, stated licenses were quarterly but the renewals only had to be brought before the Board on a yearly basis. Sally Devlin, Pahrump resident, discussed the importance of the brothels in the community and their contributions to the economy. She requested the Board vote in favor of the licenses listed. The motion passed with 3 yeas. Commissioner Tummell and Cox voted no and Sheriff DeMeo abstained. Jim Petell, Pahrump resident, stated the Board should vote to approve the existing brothels. He discussed his concerns with addressing the signage issue now when it should have been addressed before. The Board recessed. Commissioner Cox asked to revisit the item again. Commissioner Eastley stated the motion was made to renew existing brothel licenses as a group. She stated the motion failed because it was a 6 member Board and for the motion to pass there would need to be 4 votes in favor of. Commissioner Trummell stated to take each license separate and not having a full year renewal process but to consider a quarterly renewal. Mr. Kent recommended taking each license separate and if there was an issue with one licensee then to deaf with that individual licensee. He discussed what the Board could do on a quarterly basis. Commissioner Cox reviewed the current ordinance and the language regarding the procedure for suspension. Commissioner Trummell stated the Board had a right to consider at the time of renewal whether or not to renew the license. She reviewed. Page 5 Date 07/05/04 3. RENEW OF EXISTING BROTHEL LICENSES-CONT'D: Mr. Kent discussed the attorney client privilege and suggested rewriting the ordinance to eliminate the vagaries and address the loopholes. He reviewed the process for notification. Commissioner Trummell stated the issue for her that day was the period of time the license was renewed for. She stated she wanted to know where the due process issue was for renewal. Mr. Kent explained the due process issue and suggested rewriting the ordinance so there would be no further problems. There was general discussion on addressing the operators of the brothels. Commissioner Neth asked when the Board went to a yearly approval of the license was it done by a vote of the Board. Mrs. Cody stated it was. She stated she could bring the license back on a quarterly basis. Commissioner Eastley stated for clarification reasons the issue was to renew the existing licenses for a one-year period from July I,2004 through June 30, 2005. She stated they were paying their fees on a quarterly basis not annually. There was general discussion on the time frame for renewing the licenses. Commissioner Neth made a motion to approve all of the existing brothel licenses for the next one quarter; seconded by Commissioner Cox. Albert Tarragano, Pahrump citizen, commented on the Board taking the position on the brothels and their tax base being more important than the children. He stated it was morally and physically wrong. Steve Johnson, Pahrump citizen, suggested renewing the licenses and if the Board had a problem with an individual put him on notice. The motion passed with 5 yeas and 1 abstention. Sheriff DeMeo abstained. Page 6 Date 07106104 ATTACHED)- CONT'D Sheriff DeMeo stated the businesses listed on the renewal list were in compliance.
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