Senate Bill No. 249-Senator Adler

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AN ACT relating to Carson City; authorizing the board of supervisors of Carson City to adopt master plans relating to the growth and development of the city; authorizing the board of supervisors to suspend, cancel or revoke any business license for just cause; providing that the justices of the peace of Carson City are ex officio judges of the municipal court; providing that the municipal court consists of at least two departments; authorizing the board of supervisors to establish a third department of the municipal court; eliminating the position of police judge; and providing other matters properly relating thereto.

[Approved May 22, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Section 2.220 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 299, is hereby amended to read as follows:
Sec. 2.220 Power of board: Zoning and planning.
1. The board may:
(a) Divide Carson City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within [such] those districts.
(b) Adopt master plans for Carson City which will serve as a pattern and guide for the kind of orderly physical growth and development of the city that will minimize impairment of the city's natural resources.
(c) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board shall carry out the provisions of subsection 1 in the manner prescribed by [chapter] chapters 278 and 278A of NRS.
Sec. 2. Section 2.260 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 300, is hereby amended to read as follows:
Sec. 2.260 Power of board: Licensing, regulation and prohibition of trades, professions and businesses.
1. The board may fix, impose and collect a license tax for revenue upon, or regulate:
(a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City [; but] , except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.
(b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.
(c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.
2. The board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.
3. The board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
4. The board may, for just cause, suspend, cancel or revoke any business license.
Sec. 3. Section 4.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 477, is hereby amended to read as follows:
Sec. 4.030 Municipal court: Judges.
1. The [justice] justices of the peace of Carson City [is] are ex officio [a judge] judges of the municipal court of Carson City [.] which consists of at least two departments.
2. The board of supervisors may by ordinance establish a [second] third department of the municipal court. The judge of this department must be:
(a) A resident of Carson City for a continuous 6-month period immediately preceding his election.
(b) A qualified elector.
3. If a third department of the municipal court is established, the municipal judge elected for that department serves for a term of 6 years.
4. The board may appoint a municipal judge for a part-time or temporary position. The board shall establish the hours of service for this position.
[4.] 5. The salary of the judges of the municipal court must be fixed by the board and be paid in the same manner as provided for other elected officers.
Sec. 4. Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:
Sec. 5.010 Primary election.
1. A primary election must be held on the date fixed by the Nevada election laws, at which time there must be nominated candidates for offices to be voted for at the next general election.
2. A candidate for any office to be voted for at any primary election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor, supervisor, [police] municipal judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.
4. All candidates for the office of mayor and supervisor , and candidates for the office of [police] municipal judge if a [second] third department of the municipal court has been established , must be voted upon by the registered voters of Carson City at large.
5. If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.
6. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.
Sec. 5. Section 5.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:
Sec. 5.020 General election.
1. A general election must be held in Carson City on the [1st] first Tuesday after the [1st] first Monday in November 1970, and on the same day every 2 years thereafter, at which time there must be elected such officers, the offices of which are required next to be filled by election.
2. All candidates for the office of mayor and supervisor, and all candidates for the office of [police] municipal judge if a [second] third department of the municipal court has been established , must be voted upon by the registered voters of Carson City at large. [The members of the board, including the mayor, and the police judge shall serve for terms of 4 years.]
Sec. 6. If the board of supervisors of Carson City establishes a third department of the municipal court, it may:
1. Cause the third department to be established immediately after the next following municipal election and provide for the nomination of candidates and the election of the municipal judge at that election; or
2. Appoint a municipal judge to serve until a municipal judge is elected at the next municipal election.
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