Draft as of 8-9-18

EXPLANATION: Matter underlined is new; matter in brackets and stricken [--] is material to be repealed.

BILL NO. ____

ORDINANCE NO. ____

AN ORDINANCE TO AMEND TITLE 5 OF THE RENO MUNICIPAL CODE ENTITLED “PRIVILEGED LICENSES, PERMITS AND FRANCHISES,” BY AMENDING CHAPTER 5.07 ENTITLED “ALCOHOLIC BEVERAGES,” IN ITS ENTIRETY TO AMEND DEFINITIONS AND CLARIFY THE FUNCTIONS OF CABARET AND ON-PREMISES ALCOHOLIC BEVERAGE LICENSES; AND OTHER MATTERS PROPERLY RELATING THERETO. SPONSORED BY:

THE CITY COUNCIL OF THE CITY OF RENO DOES ORDAIN:

SECTION 1. Title 5, Chapter 5.07, § 5.07.011 of the Reno Municipal Code is hereby modified to read as follows:

Sec. 5.07.011. - Definitions.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them:

Alcohol means a product of the distillation of any fermented liquor, rectified either once or more often, whatever may be the origin thereof, and includes synthetic ethyl alcohol.

Alcoholic beverage or liquor means: (1) Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of one percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute. (2) Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of one percent of alcohol by volume. (3) Any distilled spirits commonly referred to as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.

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Beer means and includes any fermented beverage of any name or description manufactured from malt, wholly or in part, or from any substance therefore and shall include such liquors as porter, beer, ale and stout.

Brew pub means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230 as may be amended or renumbered.

Brewery means an establishment which manufactures malt beverages but does not sell those malt beverages at retail.

Cabaret license means a license for an establishment having any singing, dancing, floor show or other live entertainment to be conducted or carried on[ in any establishment where alcoholic beverages are sold for consumption on premise]. This does not include adult interactive cabaret as defined in RMC Chapter 5.06.

Caterer includes any licensed purveyor of food or provisions, for entertainment, special occasions, parties and social gatherings where food is provided for consumption on the premises or locations outside of the caterer's kitchen. A caterer's alcoholic beverage license is intended for the consumption on the premises as stated above in conjunction with food, and is prohibited from being dispensed from a mobile food vending vehicle/unit as defined in RMC Chapter 4.05.

Convicted means a finding of guilt resulting from a plea of guilty, the decision of a court or magistrate or the verdict of a jury, irrespective of the pronouncement of judgment or the suspension thereof.

Craft distillery means an establishment which manufactures distilled spirits from agricultural raw materials through distillation and sells those distilled spirits pursuant to the provisions of NRS Chapter 597.

Department means, unless specifically used otherwise, the State of Nevada Department of Taxation.

Department application means the Nevada State Liquor License application for an importer/wholesale liquor license or manufacturer liquor license to engage in business as an importer or wholesale dealer of wine, beer and spirits; operate a winery, instructional wine- making facility or rectifier; operate as a brewery or craft distillery; or, operate as a brew pub.

Dining room means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith complying with all regulations of the state and health department and in which alcoholic beverages are not served over a bar or counter and are served only in connection with the service of meals.

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Distillation means the process of producing or purifying spirituous liquor by successive evaporation and condensation. Fondle or fondling means touching that is intended to sexually arouse or excite; it includes, but is not limited to, rubbing, stroking, licking, or biting.

Fraternal club means an organization of persons engaged in keeping, conducting and maintaining an establishment for bona fide fraternal, social, recreational, charitable, or athletic purposes or a political subdivision or entity of the state which is not engaged in the sale of alcoholic beverages solely for pecuniary gain or commercial profit.

Importer means any person who, in the case of liquors which are brewed, fermented or produced outside the state, is first in possession thereof within the state after completion of the act of importation.

Instructional wine-making facility means an instructional wine-making facility operated pursuant to NRS 597.245. For the purposes of this chapter: (1) A person who operates an instructional wine-making facility is not a wine maker or a supplier, brewer, distiller, manufacturer, producer, vintner, bottler, wholesaler, wholesale dealer, retailer or retail dealer of wine. (2) An instructional wine-making facility is not a winery or a retail liquor store.

Intoxicating liquor means: (1) The four varieties of liquor: Alcohol, spirits, wine and beer, and every liquor or solid, patented or not, containing one-half of one percent or more of alcohol by volume, and is intended for consumption by human beings as a beverage; and, (2) Is synonymous with "alcoholic liquor" and "alcoholic beverage."

Any liquid containing beer or wine in combination with any other liquor shall not be construed to be beer or wine, but is construed to be an intoxicating liquor.

Licensee means any individual person to whom a license has been issued pursuant to this title.

Liquor manufacturer means an establishment where the primary business is the manufacture, production, and bottling of alcoholic liquor and spirit-based products of all kinds, including brewing, distilling, and rectifying activities. A liquor manufacturer licensee is subject to all federal and state laws and regulations applicable to such business activities.

Malt beverage means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.

New application means an application for a change of ownership, an application that is completed by a licensee or business owner for a business operating at a new location, or an application adding a new alcohol license to an existing business. The term new application

3 Draft as of 8-9-18 shall not apply to a licensee who is changing locations for an existing business, or an add-on to an existing alcohol license at an existing location.

Nonprofit organization means an organization that is certified as a tax exempt entity pursuant to 26 U.S.C. Section 501(c), including but not limited to organizations operated for religious, charitable, scientific, literary, educational, or fraternal purposes.

Package means any immediate container of alcoholic beverage which is filled or packaged by the manufacturer or bottler for sale by the manufacturer or bottler.

Person means and includes a natural person, any form of business or social organization and any governmental entity other than the city's use of its property in a proprietary capacity.

Premises mean any and all places connected with and accessible to the licensed business.

Retail sale or sale at retail means a sale to a consumer or to any person for any purpose other than for resale.

Retailer means any person who sells at retail any alcoholic beverage.

Sale and to sell means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell and shall include delivery of any alcoholic beverage in the city.

Sample means an amount that is only of such quantity as is necessary to provide a taste of an alcoholic beverage. A sample may not exceed one-half ounce per drink.

Specified anatomical areas means: (1) Less than completely or opaquely covered: human genitals or pubic region; buttock[ or anus]; or female breast below a point immediately above the top of the areola; and, (2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Specified sexual activities means any of the following: (1) [Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty] Intercourse, oral copulation, masturbation or sodomy; or

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(2) [Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or] Excretory functions as a part of or in connection with any of the activities described in (1) above. (3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or (4) Fondling of specified anatomical areas; or (5) Masochism, sadism, erotic or sexually oriented torture, beating or the infliction of pain; or (6) Erotic or lewd touching, fondling or other contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation.

Wholesale sale or sale at wholesale shall mean sale to any person for purposes of resale.

Wholesaler means a person licensed to sell alcoholic beverages as it is originally packaged to retail stores or other licensed wholesalers, but not to sell to the consumer or general public.

Wine means any alcoholic beverages obtained by the fermentation of natural sugar contents of fruits or other agricultural products containing sugar, including fortified wines such as port, sherry, and champagne, and which does not contain more than 24 percent alcohol by volume.

SECTION 2. Title 5, Chapter 5.07, §§ 5.07.160 to 5.07.170, inclusive, of the Reno Municipal Code is hereby modified to read as follows:

Sec. 5.07.160. - On-premises alcoholic beverage license.

The following conditions shall apply to on-premises alcoholic beverage licenses: (a) It shall be unlawful for any person to sell for consumption on the premises any alcoholic beverage other than wine or beer unless such person shall first obtain from the city an on- premises alcoholic beverage license or an alcohol cabaret license; and (b) An on-premises alcoholic beverage license shall entitle the holder to sell all alcoholic beverages, only for consumption on the premises where sold[, which includes businesses commonly known as bars, adult interactive cabarets, and nightclubs]; and (c) All new applications for on-premises alcoholic beverage licenses shall be subject to an application fee that is equal to two times the annual cost of the on-premise alcoholic beverage license fee. This application fee will cover up to two licensee background checks, and all other applicable reviews and inspections required for an on-premise alcoholic beverage license. Additional required background checks will incur the background check fee per the fee schedule at the time of application.

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Sec. 5.07.170. - Cabaret licenses.

It shall be unlawful for any person to permit any singing, dancing, floor show or other live entertainment to be conducted or carried on in any establishment[ where alcoholic beverages are sold] in the city without first obtaining [an alcohol]a cabaret license. Such a license will be subject to revocation if it appears to the satisfaction of the council that the singing, dancing or entertainment unreasonably disturbs any person in any adjoining room or building or neighborhood.

[ The following categories shall apply to cabaret licenses: ]

[Category "A":] [(1) Licenses for cabarets fully contained within the interior physical plant of a hotel or casino; or] [(2) Located within a designated hotel/casino zone; or] [(3) Within a commercial zone at least 500 feet from any residential district.]

[Category "B": Licenses for cabarets wherein no more than one musical instrument is located; and said musical instrument is nonamplified. ]

[Category "C": All other cabaret licenses are subject to approval by the city engineering department of the measures, if any, required to minimize community noise exposure, which, in no event, shall exceed 50 dB(A). ]

It shall be unlawful for any person to permit live adult entertainment to be conducted or carried on in any establishment wherein said live adult entertainment involves the exposure of specified anatomical areas [or conduct of specified sexual activities], whether or not alcoholic beverages are sold, without first obtaining an adult interactive cabaret license.

SECTION 3. The Reno City Council hereby finds that this ordinance is subject to the requirements of NRS Chapter 237, Business Impact Statement process.

SECTION 4. This Ordinance shall be in effect from and after its passage, adoption and publication in one issue of a newspaper printed and published in the City of Reno.

SECTION 5. Should any section, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid.

SECTION 6. The City Clerk and Clerk of the City Council of the City of Reno is hereby authorized and directed to have this Ordinance published in one issue of the Reno-Gazette Journal, a newspaper printed and published in the City of Reno.

PASSED AND ADOPTED this _____ day of ______, 2018, by the following vote of the Council:

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Draft as of 8-9-18

AYES:______

NAYS:______

ABSTAIN:______ABSENT:______

APPROVED this _____ day of ______, 2018.

______MAYOR OF THE CITY OF RENO

ATTEST:

______CITY CLERK AND CLERK OF THE CITY COUNCIL OF THE CITY OF RENO, NEVADA

EFFECTIVE DATE:

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