NRS 244.33509 Imposition of civil penalty in lieu of criminal penalty for violation of certain ordinances concerning licensing or regulation of businesses.

307 words·~1 min read·/nv/chapter-244-counties-government/244-33509·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in NRS 244.367 , a board of county commissioners may by ordinance provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance enacted by the board concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission.

2. If a board of county commissioners adopts an ordinance providing for the imposition of a civil penalty in lieu of a criminal penalty as described in subsection 1, the board shall:

(a)Determine violations and levy civil penalties for those violations; or

(b)Delegate to a hearing officer or hearing board the authority to determine violations and levy civil penalties for those violations.

3. The amount of a civil penalty levied pursuant to subsection 2 must not exceed $1,000 for each violation.

4. As used in this section, an ordinance “concerning the licensing or regulation of businesses” includes, without limitation, an ordinance that:

(a)Prescribes the criteria that must be satisfied before the business may be licensed in the county or its license may be renewed in the county;

(b)Sets forth the licensing fee that must be paid before the business may be licensed in the county or its license may be renewed in the county;

(c)Describes the practices, transactions or acts in which a business licensed in the county may engage;

(d)Describes the practices, transactions or acts in which a business licensed in the county is prohibited from engaging; or

(e)Prohibits the operation within the county of a business that is:

(1)Unlicensed; or

(2)Not licensed to engage in the particular activities in which it is engaging.