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, .

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 LICENSES:

C. MABEL'S D. SHADY LADY E.

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 .

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 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.

Linda Marchinke, Pahrump citizen, stated she was speaking as a parent and as a member to the community. She stated she was concerned about the chiidren of the community. (Her comments were for the Brothel license and she was told not to continue.)

Joanne Bainbridge, Pahrump resident, stated she was opposed to renewing the gaming and liquor license because it was very deceitful on the applicant's part.

Vicki Clark, Pahrump resident, stated she was also opposed to the liquor license at the present time.

Linda Chesmore, Pahrump resident, stated she was opposed to the liquor license being renewed for the Gentlemen's Club.

Susette Vitto, Pahrump resident, stated she was opposed to the renewal also. She stated Mr. Richards was deceitful in obtaining his liquor license.

Ana Elkington, Pahrump resident, she stated she lived a half of mile from the Gentlemen's Club. She stated the liquor license should not be renewed.

Anna Cadigan, Pahrump resident, stated she was opposed to Mr. Richards renewing his liquor license because he was deceitful. She stated she was also opposed to where the Gentleman's Club was located.

Keith Markley, Pahrump resident, asked if the Board was under the impression that the liquor license was being issued for a restaurant.

Commissioner Eastley stated it had been their understanding it was for a bar and restaurant.

Mr. Markley stated the whole system began to crumble and fall down when someone was not up front about what they were going to do. He stated this businessman obtained his liquor license under false premise and it should not be Page 7 Date 07/06/04

4. RENEWAL OF EXISTING LIQUOR AND GAMING LICENSES (3 PAGE LlST ATTACHED)- CONT'D

Commissioner Cox made a motion to approve all of the listed liquor licenses and their gaming licenses with the exception of the Kingdom's Gentleman's Club for their liquor license; seconded by Commissioner Trummell.

Mr. Johnson asked if Nevada had a problem dealing with private clubs wh could bring your own bottle to the establishment.

Mr. Kent stated no.

Mr. Grubb stated he was making a motion that all liquor licenses should be approved.

Commissioner Eastley stated that a point of order was that Mr. Grubb was not a member of the Board.

Commissioner Trummell reviewed section 5.04.260 regarding the grandfathering authority.

The motion passed with 6 yeas.

5. DISCUSSION AND DECISION ON CHANGE OF LICENSEE FOR THE

Commissioner Neth made a motion to approve; seconded by Commissioner Carver; 6 yeas.

The LLB recessed until later in the meeting.

NYE COUNTY BOARD OF COMMISSIONERS RECESSED TO THE LICENSING AND LIQOUR BOARD

4. RENEWAL OF EXISTING LIQUOR AND GAMING LICENSES (3 PAGE LlST ATTACHED)- CONT'D

Commissioner Cox stated she wanted to know what the minutes had said where the license was originally approved and how it was approved. She stated he Page 8 Date 07105104

ATTACHED)- CONT'D

Sheriff DeMeo stated he had reviewed the original liquor license and it was for retail. He stated the recent one was for retail and for a special club permit. He stated Mrs. Cody had returned the additional money for the second license and informed the applicant that it could not be done. He explained the difference on the licenses.

Commissioner Eastley stated they were asking for renewal of a license that they did not have.

Mrs. Cody stated they had the retail license. She stated her contention was to write a letter to Mr. Richards and send the $ 100.00 back to him and explain he did not have a special club license and if he wanted to change his license to a special club he would need to submit an application and have the Sheriffs office approach the Board on changing it from retail to special club.

Commissioner Trummell asked if his license request had always been renewed even though the place of business was nonexistent until recently.

Commissioner Trummell stated even though it was never in existence until recently it had been renewed.

Mrs. Cody stated yes and she had submitted a detailed pay report to the District Attorney's office.

Commissioner Eastley stated a previous Board had issued a liquor license on bare ground.

Mrs. Cody stated yes.

Commissioner Trummell reviewed the ordinance laws regarding liquor licenses.

Commissioner Cox stated there had been specific stipulations when the license was granted back in 1998 and the requirements had not been met. She stated one of the requirements was the massage parlor would be removed and that the license was for a restaurant and lounge. Page 9 Date 07106104

ATTACHED)- CONT'D

Mrs. Cody read the stipulation into the record as requested by the Board:

She stated the buildings were going to come down and they had planned to build a new complex but wanted to get the liquor license first. She stated there would be a large restaurant and bar and it was commercial property and Sheriff Lieseke stated the massage parlor would no longer be there. David Pauley attorney stated that was correct and he stated the matter was before the Town Board on July 11, 1995 but no decision was reached. Sheriff Lieseke stated he could see no reason not to approve the request if there were no objections. He stated it was a win win situation. Mr. Carver made a motion to approve the issuance of the retail license to the Kingdom Incorporated contingent upon receipt of a health certificate and approval from the State Fire Marshall; seconded by Mr. Davis; 5 yeas.

Commissioner Trummell asked the DA if by stating it was going to be a restaurant and bar would it constitute a misrepresentation in the application for the license.

Mr. Kent stated the argument could be marshaled. He stated to take action they would need get the evidence. He stated he had not had a chance to review all sf the documents. He would answer the question later. He recommended granting a quarterly license and direct staff to follow the procedures to take action against the license. He reviewed.

There was general discussion on the special club license and how it operated.

Commissioner Neth asked for clarification of the license application and staff recommendation.

Commissioner Cox made a motion to approve the issuance of the license for a 90-day period and direct staff to review all of the documentation 30 days prior to when the renewal date comes back and have the item on the agenda for discussion; seconded by Commissioner Neth.

There was general discussion on what other legalities the County would be Page 10 Date 07/06/04

ATTACHED)- CONT'D

Sheriff DeMeo stated he was not present to defend the issue but to look for criminality. He stated in his opinion the 90-day review period would help and a show cause hearing could also be established.

Mr. Kent stated the Board needed to know what type of club h Was gong to Wn. He discussed revocation procedures.

Commissioner Neth stated the public was going to get some relief from the signage issue in the next few weeks.

The motion passed with 5 yeas. Commissioner Trummell voted no.

Commissioner Neth made a motion to adjourn; seconded by Commissioner Cox; 6 yeas.

Meeting adjourned.

NYE COUNTY LICENSING AND LIQUOR BOARD RESOLVED TO THE BOARD OF COUNTY COMMISSIONERS.

APPROVED this day ATTESTED: of ,2004

Chairperson I LLB Nye County Clerk I Deputy Page 1 Date 7/20/04

Pursuant to MRS, the Licensing and Liquor Board met in regular session at 9:00 a.m. at 821 E. Amargosa Farm Road, Amargosa Valley, Nevada 89020

Candice Trummell, Chairman Patricia Cox, Vice-chairman Joni Eastley, Commissioner Henry Neth, Commissioner Midge Carver, Commissioner Erik Levin - Deputy District Attorney Sandra "SamJJMerlino, Ex-Officio Clerk of the Board Tony DeMes, Nye Coufity Sheriff Michael Maher, County Manager

Also present: Linda Uhl, Deputy Clerk; Deputy Clerk; DanRa Boscovich, Certified Shorthand Reporter; Ron Kent, Deputy District Attorney

BOARD OF COUNTY COMMISSIONERS RESOLVED TO THE LICENSING AND LIQUOR BOARD

I.READING AND APPROVAL OF MINUTES

There were none.

2. GENERAL PUBLIC COMMENT

There was none.

3. RENEVVAL OF EXISTING BROTHEL LICENSES:

3A. SHERI'S

38. ANGEL'S LADIES

Sheriff BeMeo reviewed the item and stated that there was a different renewal deadline placed on brothel licenses at the last meeting. He stated that if the provisions of the last meeting had been met, he recommended approval.

Commissioner Neth made a motion to approve with the same contingencies as the last meeting; seconded by Commissioner Carver; 6 yeas.

4. RENEVVAL OF EXISTING LIQUOR AND GAMING LICENSES

Sheriff DeMeo reviewed the item and recommended approval.

Commissioner Neth made a motion to approve existing liquor and gaming licenses (see attached); seconded by Commissioner Trummell; 6 yeas. Page 2 Date 7/20/04

5. DISCUSSION AND DECISION ON 72 HOUR PERMIT FOR PAHRUMP VALLEY CHAMBER OF COMMERCE FOR SEPTEMBER 24TH THROUGH THE 26TH, 2004 FOR THE WILD WEST EXTRAVAGANZA IN THE PARKING LOT ADJACENT TO THE SADDLE WEST HOTEL & CASINO, PAHRUMP, NEVADA

Commissioner Trummell made a motion to approve; seconded by Commissioner Neth.

Sheriff DeMeo reviewed the item and recommended approval.

The motion passed with 6 yeas.

6. DISCUSSION AND DEClSION ON 72 HOUR PERMIT FOR MIDGE CARVER CAMPAIGN AT THE SIMPSON CENTER, JULY 30,2004, HADLEY, NEVADA

Commissioner Trummell made a motion to approve; seconded by Commissioner Neth; 5 yeas. Commissioner Carver abstained from voting.

Commissioner Meth made a motion to adjourn; seconded by Sheriff DeMeo; 6 yeas.

LICENSING AND LIQUOR BOARD RESOLVED TO THE BOARD OF NYE COUNTY COMMISSIONERS

APPROVED this day of ATTEST:

Chairman Nye County Clerk NYE COUNTY LICENSING BOARD

RENEWAL OF EXISTING LICENSES

200412005 ********

BURRO INN LIQUOR GAMING STAGECOACH HOTEL & CASINO LIQUOR GAMING DEATH VALLEY NUT & CANDY CO. LIQUOR STAGESTOP LIQUOR GAIMING HOLDER GROUP DBA R & D'S BAR GAF/IING HOLDER GROUP DBA R & H C& GAMING PAHRUMP NUGGETT LIQUOR GAMING HORUON MARKET #I LIQUOR GAMING HORIZON MARKET #2 LIQUOR GAMING HORIZON MARKET #3 LIQUOR GAMING HORIZON MARKET #4 LIQUOR GAMING TUMBLEWEED TAVERN LIQUOR GAMING TOBACCO HUT LIQUOR STATELINE SALOON LIQUOR GAMING MARIA'S CANTINA LIQUOR BEATTY CLUB LIQUOR GAMING ALBERTSON'S LIQUOR SAV-ON LIQUOR LAST CWCESSALOON LIQUOR GAMING GREENVALLEYGROCERY LIQUOR GAMING SmLIVAN'S PUB LIQUOR WHO'S DUNES LIQUOR GAMING AMARGOSA VALLEY CORP LIQUOR SADDLEWEST HOTEL & CASINO LIQUOR GAMING SADDLEWEST GIFT SHOP LIQUOR COYOTE: CORNER 11 LIQUOR ARNIE'S LIQUOR GAMING RIINER'S SALOON LlQUOR DATA COMMODmS LIQUOR IONE GENERAL mRCMTILE LIQUOR ORE HOUSE LIQUOR BELMONT SALOON LIQUOR TONOPAW STATION LIQUOR GAMING BOBBIE'S BUCKXYE LIQUOR PAHRUMP MOOSE LODGE LIQUOR EXCHANGE CLUB LIQUOR GAMING LA FIESTA MEXICAN RESTAURANT LIQUOR LEROY'S SPORT BK DBA STAGECOACH GAMING LEROY'S SPORT BK DBA PAHRUMP NUGGET GAMING -7- nQ ,, m , m.7 n - A, ..p" 'lWINr, J, r- p.+-*'r9 s SPOT - SHERI'S BAR LIQUOR TONOPAH TRUCK AUTO PLAZA LIQUOR TONOPAH LIQUOR COMPANY LIQUOR UNITED COIN DBA JUST COUNTRY GAMING UNITED COIN DBA PmRUMP TAVERN GAMING UNITED COIN DBA OUR BAR GAMLNG UNITED COIN DBA SULLIVAN'S GAMING ORCUTT BOYS DBA SCOLARI'S GAMING ETT DBA TERRIBLE'S LAKESIDE LIQUOR GAMING ETT DBA TERRIBLE'S TOWN CASINO GAMING ETT DBA TERRIBLE'S CASINO LIQUOR GAMING GAMING E'IT DBA TERRIBLE'S 211 GAMING ETT DBA PAHRUMP ELKS GAMING ETT DBA VFW GAMING ETT DBA PAHRUMP MOOSE LODGE GAMING

It is hereby certified that the attached FIFTY EIGHT LIQUOR & GAMING LICENSE APPLICATIONS for 2004/2005, were approved by the NYE COUNTY LICENSING BOARD at it's regular meeting held at the COMMISSIONERS CHAlWBERS, Amargosa Valley, Nevada on July 20,2004.

NYE COUNTY LICENSING BOARD

Chairman

Commissioner

Commissioner

Commissioner