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

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

      1.  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.

      (Added to NRS by 2009, 425)