SUMMARY--Restricts certain advertising and certain sexually related forms of entertainment in certain circumstances and makes changes regarding certain acts relating to prostitution. (BDR 15-312)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to sexual activity; restricting certain advertising that is harmful to minors; restricting certain sexually related forms of entertainment in certain circumstances; restricting the licensing of certain businesses that offer, provide or display certain sexually related forms of entertainment; restricting advertising concerning such businesses; prohibiting certain acts relating to prostitution; providing that certain places in which certain acts relating to prostitution are conducted constitute nuisances; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. Outdoor advertising signs constitute a prominent and unique form of advertising. Because outdoor advertising signs generally are located in the most visible and frequented areas of the community, the children of this state are unavoidably exposed to such signs on a recurrent basis, often without the benefit of a parent or adult to help them assess the nature and the value of the messages and images presented.
2. Certain advertisements are harmful to the morals and the general welfare of children because such advertisements contain material which is patently offensive to the prevailing standards in the adult community with respect to what is suitable for children and which appeals primarily to the prurient interest of children without offering any serious literary, artistic, political or scientific value. Such advertisements entice children and stimulate their desires to engage in sexual conduct before their minds and bodies have sufficiently matured.
3. This state has a compelling interest to protect the physical and psychological welfare of children and to shield their developing minds and bodies from the influence of advertisements containing material that is harmful to minors. To protect the children of this state, therefore, it is necessary to prohibit such advertisements from being placed on outdoor advertising signs that may be viewed by children.
Sec. 3. 1. "Outdoor advertising sign" means a sign, billboard, display, device, light, figure, painting, drawing, message, plaque, poster or any other item that is:
(a) Placed outdoors or placed indoors as part of a window display that is directly visible from outdoors;
(b) Designed or intended to advertise, promote or direct attention to a business, commodity, service or form of entertainment or attraction; and
(c) Affixed, temporarily or permanently, to:
(1) The ground;
(2) A building, structure or freestanding support; or
(3) A motor vehicle, as defined in NRS 484.081, or any other device that is used to transport a person or object.
2. The term does not include a publication that is distributed by or displayed within a newsrack.
Sec. 4. 1. A person shall not display, exhibit or place for public view upon an outdoor advertising sign any material that the person knows or reasonably should know is harmful to minors.
2. The provisions of subsection 1 must not be construed to prohibit a person from displaying, exhibiting or placing for public view any material which advertises, markets or promotes a lawful business, product or service and which does not constitute or otherwise contain material that is harmful to minors.
3. A person who violates the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 5. The provisions of NRS 201.256 to 201.265, inclusive, and sections 2, 3 and 4 of this act do not affect the authority of a political subdivision of this state to impose more stringent restrictions concerning:
1. The advertising, display, exhibition, marketing, promotion, distribution or sale of material that is harmful to minors; or
2. The location where material that is harmful to minors is advertised, displayed, exhibited, marketed, promoted, distributed or sold.
Sec. 6. 1. A person shall not engage in conduct that constitutes a referral service for prostitution.
2. A person who violates the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130, unless a more severe penalty is prescribed by law for the conduct that constitutes a violation of this section.
3. As used in this section:
(a) "Refer" and "referring" include, but are not limited to:
(1) Providing an address, directions or a location.
(2) Providing a telephone number or any other item of information that is designed or intended to facilitate contact by a method of telecommunication.
(b) "Referral service for prostitution" means a person who:
(1) Knowingly and for a fee refers another person to or aids in referring another person to an unlicensed house of prostitution or a prostitute who engages in prostitution in a place other than a licensed house of prostitution;
(2) Knowingly and for a fee refers another person to or aids in referring another person to a third person who engages in conduct that violates the provisions of subparagraph 1;
(3) Owns, operates or aids in the operation of a licensed or an unlicensed entertainment by referral service, as defined in section 29 of this act, and who knows or reasonably should know that one or more of the entertainers for the entertainment by referral service engages in prostitution with one or more customers of the entertainment by referral service;
(4) Owns, operates or aids in the operation of a licensed or an unlicensed escort service and who knows or reasonably should know that one or more of the escorts for the escort service engages in prostitution with one or more customers of the escort service;
(5) Owns, operates or aids in the operation of a place, other than a licensed house of prostitution, that is used primarily for prostitution and who knows or reasonably should know that the place is used primarily for prostitution; or
(6) Solicits for himself or another person and who knows or reasonably should know that the solicitation is designed or intended to promote or facilitate conduct that violates the provisions of this section.
Sec. 7. As used in sections 7 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 13, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. "Advertising medium" includes, but is not limited to:
1. A handbill, publication or other similar printed material.
2. A sign, billboard, display, device, light, figure, painting, drawing, message, plaque, poster or other similar item that is designed or intended to advertise, promote or direct attention to a business, commodity, service or form of entertainment or attraction. This subsection includes, but is not limited to, an outdoor advertising sign as defined in section 3 of this act.
3. A system used for the delivery of radio or television signals, including, but not limited to, a system that uses broadcast, cable, closed circuit or satellite signals.
4. A network comprised of one or more computers that may be accessed by a modem, electronic or optical technology or other similar means.
Sec. 9. "Entertainer for an entertainment by referral service" has the meaning ascribed to it in section 28 of this act.
Sec. 10. "Entertainment by referral service" has the meaning ascribed to it in section 29 of this act.
Sec. 11. "Referral service for prostitution" has the meaning ascribed to it in section 6 of this act.
Sec. 12. "Sexually related anatomical area" means:
1. The genitals, pubic region or buttocks of a male or female if it is not completely covered by an opaque covering;
2. The breast of a female if it is not completely covered below a point immediately above the top of the areola by an opaque covering; or
3. The genitals of a male in a discernibly turgid state, whether or not covered.
Sec. 13. "Sexually related form of entertainment" means a form of entertainment or attraction that involves an employee or independent contractor who:
1. Is paid or permitted to expose; or
2. Receives compensation or gratuities as a result of exposing,
a sexually related anatomical area to the view of one or more customers, whether or not the employee or independent contractor is engaged in providing other services at the time of the exposure.
Sec. 14. A person shall not:
1. Advertise, cause to be advertised or aid in advertising a referral service for prostitution; or
2. Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning a referral service for prostitution,
if the person knows or reasonably should know that the advertising or advertisement concerns a referral service for prostitution.
Sec. 15. 1. An entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort shall not offer, provide or display a sexually related form of entertainment.
2. A person or business that is not otherwise subject to subsection 1 shall not offer, provide or display a sexually related form of entertainment, unless the person or business is licensed by a county or an incorporated city to offer, provide or display a sexually related form of entertainment.
Sec. 16. A person shall not:
1. Advertise, cause to be advertised or aid in advertising an entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort; or
2. Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning an entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort,
if the person knows or reasonably should know that the entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort offers, provides or displays a sexually related form of entertainment.
Sec. 17. Unless the provisions of section 16 of this act otherwise apply, a person shall not:
1. Advertise, cause to be advertised or aid in advertising a person or business; or
2. Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning a person or business,
if the person knows or reasonably should know that the person or business offers, provides or displays a sexually related form of entertainment and is not licensed by a county or an incorporated city to offer, provide or display a sexually related form of entertainment.
Sec. 18. The inclusion, in whole or in part, of any of the following items of information in an advertising medium shall be deemed to be advertising for the purposes of sections 7 to 19, inclusive, of this act:
1. An address of, a location of, or directions to a referral service for prostitution or a person or business listed in sections 7 to 19, inclusive, of this act that offers, provides or displays a sexually related form of entertainment.
2. A telephone number or any other item of information that is designed or intended to facilitate contact, by a method of telecommunication, with a referral service for prostitution or a person or business listed in sections 7 to 19, inclusive, of this act that offers, provides or displays a sexually related form of entertainment.
3. Any other item of information that details or explains how to obtain an item of information listed in subsection 1 or 2 or how to obtain transportation to a referral service for prostitution or a person or business listed in sections 7 to 19, inclusive, of this act that offers, provides or displays a sexually related form of entertainment.
Sec. 19. A person who violates any of the provisions of sections 7 to 19, inclusive, of this act is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 20. NRS 201.256 is hereby amended to read as follows:
201.256 [Unless] As used in NRS 201.256 to 201.265, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the [definitions set forth] words and terms defined in NRS 201.257 to 201.264, inclusive, [govern the construction of NRS 201.256 to 201.265, inclusive.] and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 21. NRS 201.295 is hereby amended to read as follows:
201.295As used in NRS 201.295 to [201.440, inclusive,] 201.430, inclusive, and section 6 of this act, unless the context otherwise requires:
1. "Adult" means a person 18 years of age or older.
2. "Child" means a person less than 18 years of age.
3. "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
4. "Prostitution" means engaging in sexual conduct for a fee.
5. "Sexual conduct" means any of the acts enumerated in subsection 3.
Sec. 22. NRS 201.430 is hereby amended to read as follows:
201.430 1. [It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets of any city or town, or on any public highway; or
(b) In any] Except as otherwise provided in subsection 2, a person shall not:
(a) Advertise, cause to be advertised or aid in advertising prostitution, a house of prostitution or conduct related to prostitution; or
(b) Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning prostitution, a house of prostitution or conduct related to prostitution,
if the person knows or reasonably should know that the advertising or advertisement concerns prostitution, a house of prostitution or conduct related to prostitution.
2. If a house of prostitution is licensed pursuant to NRS 244.345, a person may advertise that house of prostitution in a county, city or town where prostitution is not prohibited by local ordinance [or] and where the licensing of a house of prostitution is not otherwise prohibited by state statute [.
2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
4. Any person, company, association or corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.] if the advertising is not displayed in a public theater or on a public street or highway.
3. The inclusion, in whole or in part, of any of the following items of information in an advertising medium shall be deemed to be advertising for the purposes of this section:
(a) An address of, a location of, or directions to a prostitute or a house of prostitution.
(b) A telephone number or any other item of information that is designed or intended to facilitate contact with a prostitute or a house of prostitution by a method of telecommunication.
(c) Any other item of information that details or explains how to obtain an item of information listed in paragraph (a) or (b) or how to obtain transportation to a prostitute or a house of prostitution.
4. A person who violates any of the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
5. As used in this section, "advertising medium" has the meaning ascribed to it in section 8 of this act.
Sec. 23. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; [or]
(e) Wherein a person engages in conduct that constitutes a referral service for prostitution, as defined in section 6 of this act; or
(f) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 24. NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in subsection [2, anything which is injurious] 4, anything that is:
(a) Injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property [,] ; or
(b) Listed in subsection 2 or 3,
is a nuisance [,] and may be the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. Material that is displayed, exhibited or placed for public view upon an outdoor advertising sign in violation of section 4 of this act is a nuisance.
3. A building or place used by a person for engaging in conduct that constitutes a referral service for prostitution, as defined in section 6 of this act, is a nuisance.
4. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 25. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 31, inclusive, of this act.
Sec. 26. The legislature hereby finds and declares that:
1. Prostitution that is conducted in places other than a licensed house of prostitution is harmful to the health, safety, morals and general welfare of the citizens of this state.
2. The law enforcement agencies of this state, using available resources and employing innovative and varied investigative techniques, have waged an ongoing battle to eliminate illegal prostitution. Despite the best efforts of these law enforcement agencies, illegal prostitution continues to thrive and adversely affect the health, safety, morals and general welfare of the citizens of this state.
3. Certain entertainment by referral services and escort services have operated as resilient and notorious fronts for illegal prostitution and have become a pervasive and persistent source of crime and disease in the communities of this state. Because the adverse secondary effects associated with certain entertainment by referral services and escort services threaten the health, safety, morals and general welfare of the citizens of this state, it is necessary to restrict the time, place and manner in which such services are offered and provided.
Sec. 27. As used in sections 27 to 31, inclusive, of this act and NRS 244.345, unless the context otherwise requires, the words and terms defined in sections 28, 29 and 30 of this act have the meanings ascribed to them in those sections.
Sec. 28. "Entertainer for an entertainment by referral service" means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
Sec. 29. "Entertainment by referral service" means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a request by telephone or by any other means for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
Sec. 30. "Sexually related form of entertainment" has the meaning ascribed to it in section 13 of this act.
Sec. 31. 1. The license board of a county shall not grant a license to:
(a) An entertainment by referral service or an entertainer for an entertainment by referral service if the entertainment by referral service or the entertainer intends to offer, provide or display a sexually related form of entertainment;
(b) An escort service or an escort if the escort service or the escort intends to offer, provide or display a sexually related form of entertainment; or
(c) A person or business which is not otherwise subject to paragraph (a) or (b) and which intends to offer, provide or display a sexually related form of entertainment, unless the sexually related form of entertainment:
(1) Will be provided or displayed on the premises of a business; and
(2) Will not be provided or displayed in a lodging room of a hotel, motel or other similar public accommodation.
2. The license board of a county shall, after a hearing, revoke the license of:
(a) An entertainment by referral service or an entertainer for an entertainment by referral service if the entertainment by referral service or the entertainer offers, provides or displays a sexually related form of entertainment;
(b) An escort service or an escort if the escort service or the escort offers, provides or displays a sexually related form of entertainment; or
(c) A person or business which is not otherwise subject to paragraph (a) or (b) and which offers, provides or displays a sexually related form of entertainment, unless the sexually related form of entertainment:
(1) Is provided or displayed on the premises of a business; and
(2) Is not provided or displayed in a lodging room of a hotel, motel or other similar public accommodation.
3. The provisions of this section do not affect the authority of the license board of a county to deny a license to, or to revoke the license of, a person or business for any other lawful purpose or reason.
Sec. 32. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in NRS 244.345, sections 27 to 31, inclusive, of this act and subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate escorts, entertainers [employed by] for an entertainment by referral service and the business of offering, providing or displaying a sexually related form of entertainment or of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
7. As used in this section:
(a) "Entertainer for an entertainment by referral service" has the meaning ascribed to it in section 28 of this act.
(b) "Entertainment by referral service" has the meaning ascribed to it in section 29 of this act.
(c) "Sexually related form of entertainment" has the meaning ascribed to it in section 13 of this act.
Sec. 33. NRS 244.345 is hereby amended to read as follows:
244.345 1. [Every] Each natural person [wishing] who wants to be employed as an escort or an entertainer for an entertainment by referral service and [every] each natural person, firm, association of persons or corporation [wishing] that wants to engage in the business of offering, providing or displaying a sexually related form of entertainment or of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:
(a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.
The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.
2. The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.
3. [The] Except as otherwise provided in section 31 of this act, the license board may, without further compensation to the board or its clerk:
(a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.
6. A majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
7. [Any] Except as otherwise provided in section 15 of this act, a natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.
[9. As used in this section:
(a) "Entertainer for an entertainment by referral service" means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
(b) "Entertainment by referral service" means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.]
Sec. 34. NRS 266.355 is hereby amended to read as follows:
266.355 1. Except as otherwise provided in [subsection 3,] this section, the city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
3. The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
4. The city council shall comply with the provisions of section 31 of this act to the same extent as a license board of a county.
Sec. 35. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
The city council or other governing body of an incorporated city within this state, whether organized under general law or special charter, shall comply with the provisions of section 31 of this act to the same extent as a license board of a county.
Sec. 36. NRS 201.440 is hereby repealed.
Sec. 37. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 38. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 39. Section 21 of this act becomes effective at 12:01 a.m. on October 1, 1997.
TEXT OF REPEALED SECTION
201.440Unlawful to permit illegal advertising of houses of prostitution.
1. In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his place of business.
2. Any person, company, association or corporation that violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.