Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
5.02 Fictitious Business Names
5.04 Gambling Establishments
5.06 Alarm Device Regulations
5.08 Intoxicating Liquor Sale Licenses
5.12 Outdoor Festivals
5.16 Tent Shows and Circuses
5.20 Water Companies
5.24 Traveling Merchants
5.26 Escort Bureaus
5.28 Solicitation of Funds
5.32 Time-Sharing Developments
5.34 Cable Television Franchises
5.36 Adult Characterized Businesses
5.40 Vacation Rentals in the Tahoe Township
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
Table of Ordinances
Index



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County Codes
Title 5 Business Licenses and Regulations
5.24 Traveling Merchants
5.24.010 Findings, declaration of policy, authority
5.24.020 Definitions
5.24.030 Ineligible persons
5.24.040 Permit fees
5.24.050 Investigation
5.24.060 Application
5.24.070 Review and approval or denial of application and appeal
5.24.080 Bond
5.24.090 Review by board
5.24.100 Revocation - Suspension
5.24.110 Permit renewal
5.24.120 Nontransferable permit
5.24.130 Exemptions
5.24.140 Possession of identification card and permit
5.24.150 Prohibited activity
5.24.160 Notification of change of address or name
5.24.170 Penalty

5.24.010 Findings, declaration of policy, authority
    A.  The board finds that the itinerant nature of businesses operated by traveling merchants and mobile street vendors may provide opportunities for fraud, crime, safety violations or unfair business practices which are different than of businesses operating from a fixed location. 
    B.  The board declares that requiring traveling merchants and mobile street vendors to comply with the requirements of this chapter will promote the public health, safety and general welfare without unreasonably restricting the commercial opportunities for traveling merchants and mobile street vendors operating in Douglas County, regardless of whether these merchants or vendors are engaged in interstate or intrastate commerce. The board further declares that obtaining a permit is a privilege and that operation of a business pursuant to the permit for violations of this chapter. 
    C.  It is the intent of this chapter that, unless they are specifically exempt, each individual, including any employee or agent, be permitted individually under this chapter. 
    D.  This chapter is authorized by the provisions contained in NRS 244.335. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.020 Definitions
Unless the context requires otherwise, the definitions contained in this section govern the construction of this chapter. 
    A.  "Fixed place of business" means a commercial or mercantile activity operating from an immoveable building or enclosed structure at a permanent location which complies with all county zoning, building and other life, health and safety code requirements. 
    B.  "Mobile street vendor" means a person conducting commercial or mercantile activity from a vehicle or cart or trailer towed by a vehicle offering goods or services for sale in Douglas County on a temporary, intermittent or seasonal basis in which customers approach the vehicle or trailer to make purchases or where the mobile street vendor contacts customers to solicit their trade. 
    C.  "Person" means a person as described in NRS §0.039. 
    D.  "Traveling merchant" means any person who engages in the buying, selling, trading or exhibition for purchase, sale or trade of any goods, wares, merchandise or services door to door, street to street, or on a temporary, intermittent or transient basis from a location which does not qualify as a fixed place business. Traveling merchant includes but it not limited to persons commonly known as solicitors, peddlers, hawkers, itinerant merchants and transient vendors. (Ord. 744, 1995; Ord. 423 §1 (part), 1984)
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5.24.030 Ineligible persons
    A.  In conformity with the policy of this ordinance, the following persons are declared to be unqualified or unsatisfactory for the purpose of being granted or holding a permit under the provisions of this chapter. 
        1.  A person who, within the past 10 years, has been convicted of a felony or a misdemeanor involving moral turpitude. 
        2.  A person who provides false or misleading information in order to obtain a permit under this chapter. 
        3.  A person whose permit was previously suspended and not restored or whose permit was previously revoked. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.040 Permit fees
    A.  Before operating or conducting any mobile street vendor or traveling merchant business, a person must obtain a permit issued by the sheriff pursuant to the requirements of this chapter. 
    B.  The permit fee for a traveling merchant operating in Douglas County for more than 10 days each calendar year is 150 dollars per year. 
    C.  The permit fee for a traveling merchant operating in Douglas County for 10 or less days each calendar year is 15 dollars per day not to exceed a maximum of 150 dollars per year. 
    D.  The permit fee for a mobile street vendor operating at any fixed location within Douglas County, for 10 days or less each calendar year is 15 dollars per day not to exceed a maximum of 150 dollars per year. 
    E.  Any permit issued pursuant to subsection (B) is valid for a period of one year from the date the permit is issued. Any permit issued pursuant to subsections (C) or (D) are valid for the dates specified in the permit. 
    F.  The permit fee shall be paid in full at the time the application is submitted. The permit fee is nonrefundable, unless the applicant notifies the sheriff in writing and prior to the sheriff commencing any activity with respect to the application that the applicant wishes to withdraw the application. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.050 Investigation
    A.  Each applicant for a permit shall, at the time the application is submitted, include an investigative fee of 50 dollars (which may be changed from time to time by a resolution approved by the board of county commissioners). The sheriff, upon receipt of the fee and application shall commence an investigation of the person, which will include, but is not limited to, fingerprinting the applicant and, pursuant to NRS 239B.010(a), submitting copies of the fingerprints to the Federal Bureau of Investigation for a national background check. 
    B.  The investigative fee is nonrefundable, unless the applicant notifies the sheriff in writing and prior to the sheriff commencing any activity with respect to the application that the applicant wishes to withdraw the application. (Ord. 1259, 2008; Ord. 744; Ord. 423 §1 (part), 1984)
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5.24.060 Application
    A.  Before any mobile street vendor or traveling merchant may receive a permit issued by the sheriff, the vendor or merchant must submit a properly completed application on a form supplied by the sheriff. The application must be accompanied by payment of the appropriate fees specified in sections 5.24.040 and 5.24.050 of this chapter and any additional information required by this section. 
    B.  The application must contain the following information: 
        1.  The name of the applicant and any alias used by the applicant. 
        2.  The current telephone numbers and physical and mailing addresses of the applicant. 
        3.  A statement setting forth any arrest for any crime, the charges, the jurisdiction of the arrest, the year and month of the arrest, the disposition of the charges, and the sentence imposed. 
        4.  If the applicant does business as a partnership, the names and current addresses of the general partners. 
        5.  If the applicant does business as a corporation: 
            a.  the names and current addresses of the corporate officers; 
            b.  certification that the corporation is in good standing with the office of the secretary of state; or 
            c.  certification from the office of the secretary of state that the corporation is a foreign corporation currently authorized to do business in the State of Nevada.
        6.  A copy of the department of taxation retail tax permit issued to the applicant if the applicant is a seller of tangible personal property. 
        7.  Certification by the state industrial insurance system that the applicant is either: insured by the system, is a qualified self-insured employer, or qualifies for an exemption from the requirements of chapter 616 of NRS. The applicant must also sign an affidavit stating that coverage under chapter 316 of NRS has been received from the state industrial insurance system, or maintains a valid certificate of self-insurance pursuant to chapter 316 of NRS, is a member of an association of self-insured public or private employers, or is not subject to the provisions of chapter 316 of NRS. 
        8.  Certification that the applicant has obtained a state business license or proof that the applicant is exempt from the requirements of chapter 364A of NRS. The applicant must also sign an affidavit affirming compliance with chapter 364A of the NRS. 
        9.  Proof of licensure by other regulatory agencies of the state which are required for the applicant to be in the activity for which a county permit is sought. 
        10.  The nature of the merchandise to be sold or services to be offered. 
        11.  The source or sources of the merchandise to be sold. 
        12.  The exact location, locations, route or routes where the applicant will conduct business, and, if the applicant is seeking to operate in Douglas County for 10 or fewer days, the dates on which the operations will be taking place.         
        13.  The length of time for which the applicant intends to do business pursuant to a permit. 
        14.  Written permission for the applicant's business activity from the owner of all locations where the applicant's business will be conducted. 
        15.  Certification from the planning division of the county's community development department that all locations at which the applicant will conduct business are properly zoned for this type of commercial activity, that any signage will conform with the county requirements, and that county traffic and safety requirements are met. 
        16.  If the applicant will conduct business from particular locations, the days and hours of applicant's business at each location. If the applicant will conduct business from a route or routes, the start and finish time for each route and the sequence in which each route will be driven. 
        17.  Any other information which the sheriff deems necessary to protect the public's health, safety and general welfare if the applicant receives a permit pursuant to this chapter. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.070 Review and approval or denial of application and appeal
    A.  The sheriff must, within 10 days after receiving a properly completed application together with any supplemental information and fee payment approve, approve conditionally or deny the application. The sheriff's decision must be in writing and make findings with respect to each factor in section 5.24.060(B). 
    B.  In reviewing the application, the sheriff must consider the following factors: 
        1.  If the applicant's commercial activity is to be conducted from a location or locations that the owner of the real property at that location has given consent to the activity in writing. 
        2.  The applicant's business locations or routes do not impede the free flow of traffic on the streets, roads and highways of the county, and that any other county traffic and safety requirements are met. 
        3.  The existence and adequacy of off-street and on-street parking for customers coming to the applicant's commercial enterprise, and the existence and adequacy of safe pedestrian access to the applicant's commercial enterprise. 
        4.  All locations at which the applicant will conduct business are properly zoned for this type of commercial activity that any signage will conform with county requirements. 
        5.  If the applicant's business is to be conducted from or within a vehicle or trailer, that the vehicle or trailer is adequately equipped with fire safety equipment and complies with applicable health and life safety codes. 
        6.  If the applicant's business involves the sale or distribution of food or foodstuffs, that the applicant has adequate facilities for the safe and sanitary storage, processing or preparation of the food or foodstuffs. As used in this subsection, adequate facilities include but are not limited to refrigeration equipment, heating and cooking equipment, storage and packaging facilities, sanitary food preparation and processing facilities, portable water supplies and adequate sanitation facilities for disposal of unused or waste food or foodstuffs. 
        7.  That the applicant has taken reasonable sanitation measures to prevent the spread of litter resulting from applicant's commercial activity. 
        8.  The applicant has a retail tax permit clearly identifying applicant's business by name if the applicant is a seller of tangible personal property. 
        9.  The applicant has complied with the requirements of chapter 616 of NRS. 
        10.  The applicant has complied with the requirements of chapter 364A of NRS. 
        11.  The applicant has current licensure from all state regulatory agencies which are required for applicant's commercial activity. 
        12.  The applicant has complied with the requirements of Douglas County Code section 5.24.060(B) (5) (b) or (c) if the applicant is a corporation. 
        13.  The completeness and truthfulness of the application. 
        14.  The applicant's criminal history, if any. 
        15.  Any other factor related to the applicant's business which directly affects the health, safety, or general welfare of the community.
    C.  If the applicant is aggrieved by the conditional approval or denial of his application, the applicant may appeal the sheriff's decision to the board. This appeal must be filed with the clerk within 10 days of the issuance of the sheriff's written decision and contain a clear and concise statement of the reason for the appeal. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.080 Bond
Prior to the issuance of a permit, every applicant shall file with the sheriff for transmission to the treasurer a cash bond or a surety bond running to the county in the amount of 1,000 dollars. A surety bond must be issued by a surety licensed by the state of Nevada and must be conditioned to be paid to the county or to any person suffering injury by reason of any violation of this chapter by the applicant, his agents, or employees, that the applicant shall faithfully conform to all provisions of this chapter and to all conditions and restrictions upon any permit issued under this chapter, and that the applicant shall pay fully all fees due as a result of the operation of the business. The proceeds from the cash or surety bond shall be forfeited to the county if the fees are not paid within 30 days of demand by the county. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.090 Review by board
    A.  The board must, by majority vote of the members present, review, approve, conditionally approve, or disapprove any application filed with the board in accord with section 5.24.070(C). This review and board action must be taken within 35 days after the board's receipt of the applicant's appeal. 
    B.  Before acting on the applicant's appeal, the board must take into consideration the sheriff's decision, including his findings and reasons for his decision, and any other evidence presented by the applicant or any other party. In its review of the appeal, the board must consider each of the factors in section 5.24.070(B). 
    C.  The board shall make findings as to each of the factors in section 5.24.070(B) deciding whether to approve, conditionally approve or deny the applicant's application. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.100 Revocation - Suspension
    A.  Except as specified in subsection (D) below, the board may restrict, revoke or suspend any permit for, including but not limited to, the following reasons: failure to comply with the provisions of this chapter, failure to comply with the conditions of the permit, failure to comply with any factors set forth in section 5.24.070(B), any fraud, misrepresentation, false statement, or deceptive trade practice made in connection with activity engaged in pursuant to a permit, or conviction of a felony or a misdemeanor involving moral turpitude. 
    B.  No permit shall be restricted, revoked, or suspended before the permit holder is provided at least five days written notice of the intended action. Upon receipt of the written notice, the permit holder shall have three days in which to request in writing a hearing before the board, which request must be filed in writing with the county clerk's office. The clerk's office shall place the request on the agenda of the next regularly scheduled commission meeting and notify the sheriff of the date and time of the hearing. 
    C.  If the permit holder fails to request a hearing as provided for in this chapter, the permit holder shall be restricted, revoked or suspended after the five day notice has expired. 
    D.  If the sheriff, after investigating, determines there is probable cause to believe that a permit holder has engaged in an activity listed in subsection (A) and that allowing the permit holder ton continue the activities allowed by the permit would result in a threat to the public health, safety, or general welfare, the sheriff may suspend the permit pending board review of the case. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.110 Permit renewal
Any permit issued pursuant to this chapter and not revoked or suspended pursuant to section 5.24.100 may be renewed by filing a properly completed application and payment of the permit fee and investigative fee required by this chapter. (Ord. 744, 1996; Ord. 423 §1 (part), 1984)
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5.24.120 Nontransferable permit
No permit granted pursuant to this chapter is transferable to other persons, partnerships, corporations, premises, route or locations without prior approval of the sheriff. (Ord. 744, 1996)
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5.24.130 Exemptions
This chapter does not apply to persons acting pursuant to a charitable solicitation permit pursuant to chapter 5.28, an outdoor festival and entertainment event license pursuant to chapter 5.12, a tent show and circus license pursuant to chapter 5.16, a home occupation permit pursuant to chapter 17.16, or operating from a fixed place of business. Persons acting under an outdoor festival and entertainment event license pursuant to chapter 5.12 are required to be registered with the holder of the outdoor festival and entertainment event license. (Ord. 755, 1996)
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5.24.140 Possession of identification card and permit
Whenever a permit holder is engaged in any activity pursuant to the permit, that permit holder must conspicuously display in a plainly visible place on his person an identification card issued to the permit holder by the sheriff and must have the permit in his actual physical custody. (Ord. 744, 1996)
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5.24.150 Prohibited activity
    A.  No activity under a permit shall be conducted at any residential or commercial establishment where signs or warning such as "No Peddlers" or "No Solicitors" are clearly posted. 
    B.  Permit holders shall not transact business in any public park, unless allowed to do so by a permit condition. 
    C.  Permit holders shall not obstruct any street, alley, or sidewalk or interfere with or impede any pedestrian or vehicle traffic. 
    D.  Permit holders shall not conduct any business in a fixed location within a public right of way. 
    E.  Permit holders must comply with all other county ordinances, including but not limited to the county zoning, traffic and safety, and sign ordinances or requirements. (Ord. 744, 1996)
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5.24.160 Notification of change of address or name
Whenever the name or address provided by the permit holder on his application changes, the permit holder shall notify the sheriff within 10 days of the change. (Ord. 744, 1996)
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5.24.170 Penalty
Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine of not more than $1,000 or imprisonment in the county jail for not more than six months, or any combination of the fine and imprisonment. Each violation shall constitute a separate offense. (Ord. 744, 1996)
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