Title 5

Chapter 5.36

ADULT CHARACTERIZED BUSINESSES

Section:

5.36.010 Definitions
5.36.020 Findings; purpose of sections 5.36.010 to 5.36.150, inclusive
5.36.030 License required; additional requirements; appeal of denial of license
5.36.040 Structure housing adult characterized business; general restrictions; exception
5.36.050 Non regulated adult characterized businesses; criteria
5.36.060 Persons working for an adult characterized business required to have work card and exception to obtaining work card; approval of work cards; grounds of denial, revocation or suspension of work card; appeal to board.
5.36.070 Work cards; term; scope of work allowed; expiration of work card upon change of place of address or cessation of employment.
5.36.080 Work card renewal; replacement; service charge
5.36.090 Review of holders of work cards; refusal to renew; suspension; revocation; appeal of suspension or revocation; notices to employer
5.36.100 Adult interactive cabaret; records; retention of records; work card required and performers and workers as employees; prima facie evidence; prohibited activities; restrictions; licensee’s responsibility.
5.36.110 Out call entertainment; restrictions on hiring; work card required and additional reasons for denial/revocation; records; advertising; restrictions; responsibility of licensee
5.36.120 Adult motion picture arcade; restrictions
5.36.130 Adult bookstore; restrictions
5.36.140 Adult revue; restrictions
5.36.150 Nonconformance

5.36.010 Definitions. As used in sections 5.36.010 to 5.36.150, inclusive, unless the context otherwise requires:

A. Adult bookstore includes any establishment having as a substantial or significant portion of its stock in trade books, magazines, periodicals, pictures, drawings, photographs, films, negatives, slides, motion pictures, recordings, video tapes, video discs, computer discs, instruments, devices or paraphernalia or any other items or materials defined by NRS 201.235 which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

B. Adult characterized business includes:

1. Any business where it is intended, for any form of consideration or gratuity alone or in combination with an otherwise established fee, to employ persons, whether as an employee or independent contractor, to perform business activities, or be present in conjunction with the performance of a business activity where the performance or presence involves the display of specified anatomical areas or specified sexual activities. This section also applies to activities wherein patrons engage in the above-described activities. An adult characterized business includes, but is not limited to, adult bookstores, adult drive-in theaters, adult motel or hotel, adult interactive cabaret, adult motion picture arcade and adult motion picture theaters. This definition does not include adult revues.

2. Any business in which the preponderance of material available for sale, rent or lease displays or describes specified anatomical areas or specified sexual activities.

C. Adult drive-in theater includes a drive-in theater used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

D. Adult hotel or motel includes a hotel or motel which holds itself out to the public through advertising as an establishment where material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and rents or allows sub-rentals of rooms for periods of ten hours or less.

E. Adult interactive cabaret includes any fixed place of business which offers to patrons over the age of 21 the opportunity to view dancers whose attire, costume, clothing or lack of attire, costume or clothing exposes specified anatomical areas as defined in this section. The terms adult cabaret and adult interactive cabaret are synonymous for all purposes of this chapter.

F. Adult motion picture arcade includes any portion of an adult business to which the public is permitted or invited where coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video cassettes, computer displays, slides, photographic reproductions, or other image-producing devises are maintained for ten or fewer persons per machine at any one time whether or not for remuneration, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

G. Ault motion picture theater includes any enclosed building used for presenting material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

H. Adult revue includes a show that has a theme with separate acts in which one or more acts offer to patrons over the age of 21 the opportunity to view dancers whose attire, costume, clothing or lack of attire, costume or clothing exposes specified anatomical areas; in which the location of the adult revue is within a structure housing an establishment with an unlimited gaming license; the adult review is performed within an established and designated showroom or showrooms in which the interior of the showroom is not visible from any portion of the adjacent floor area during performances; and where the performers observe the restrictions enumerated in section 5.36.100, subsection 5, 6 (d) and 6 (k).

I. Arterial includes the functional classification for transportation facilities of either major or minor arterial as shown in an adopted Douglas County Master Plan or the current Regional Transportation Commission (RTC) Regional Transportation Plan.

J. Chaperon includes any person who, for a salary, fee, hire, or profit, and who is not a licensed owner of any business licensed under this chapter, or is not an out call entertainer, or protects or assists out call entertainers while they are providing out call entertainment.

K. Commence operating means to engage in the operation of an adult characterized business.

L. Completed application means an application and forms in which all the information requested has been provided.

M. Dancer, entertainer or performer includes any person male or female, or any electronic reproduction of a male or female such as a holographic representation, who dances, models or otherwise performs for an adult interactive cabaret.

N. Entertainment location includes a hotel or motel guestroom or accommodation, or any other public lodging accommodation including recreational vehicle parking facilities.

O. Model studio includes any place, excluding those places used for art instruction purposes associated with an art curriculum at an accredited university, college or trade school, where, for any form of consideration or gratuity, figure models who display specified anatomical areas or perform specified sexual activities, are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying any consideration or gratuity.

P. Out call entertainer includes a natural person who is sent or referred to an entertainment location by an out call entertainment referral service to entertain an out call entertainment patron at an entertainment location.

Q. Out call entertainment includes a visit by an out call entertainer at an entertainment location in response to a request to entertain an out call entertainment patron at the entertainment location.

R. Out call entertainment patron includes a person who requests an entertainer to entertain at an entertainment location and who either pays or agrees to pay the fee of the out call entertainment referral service, or a person who is entertained by an out call entertainer at an entertainment location.

S. Out call entertainment referral service includes a business which for a fee sends or refers an entertainer to an entertainment location in response to a request to entertain an out call entertainment patron at the entertainment location.

T. Security guard includes a person, who acts as a doorman or bouncer or performs any function to secure or protect any interests of an adult interactive cabaret on premises or in an escort capacity.

U. Specified anatomical areas includes the following areas of the human body:

1. Any less than completely and opaquely covered:

a. Human genitals;

b. Pubic region;

c. Buttocks; and

d. Female breast below a point immediately above the top of the areola.

2. Male genitals in a discernibly turgid state, even if completely and opaquely covered.

V. Specified sexual activities includes:

1. Human genitals clearly in a state of sexual stimulation, arousal, or tumescence;

2. Acts of actual or simulated human masturbation, oral copulation, anal oral copulation, sexual intercourse, bestiality, flagellation or torture in the context of a sexual relationship, use of excretory functions in the context of a sexual relationship or sodomy; any of the following depicted sexually oriented acts or conduct: anilingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

3. Fondling or erotic touching of any human genitals, pubic region, buttocks, anus or female breast; or erotic lewd touching, fondling or other contact with an animal by a human being; and

4. Any of the following: use of human or animal coitus or ejaculation, masochism, sadism, beating or infliction of pain; human excretion, urination, menstruation, vaginal or anal irrigation. (Ord. 989, 2001)

5.36.020 Findings; purpose of sections 5.36.10 to 5.36.150, inclusive.

A. In adopting this chapter, the Board recognizes and finds, based on the experiences of other cities and counties, that the regulation of adult characterized businesses is necessary because such establishments:

1. Have serious, objectionable operational characteristics, particularly when several of the establishments are concentrated in an area.

2. Tend to be places where certain criminal activities, such as solicitation of prostitution and violation of liquor laws, can more easily occur.

3. Require regulation to protect the patrons and employees of the establishments.

4. Are not compatible with residential and civic uses that are frequented by minors.

5. Tend to be locations where the potential for the transmission of sexually transmitted diseases is high.

6. In the Tahoe Basin Planning Area, adult characterized businesses must be located in the Stateline Community Plan Area. The majority of commercial enterprises in this area are resort casinos, which focus on adult oriented activities. The remainder of the Douglas County Tahoe Basin Planning Area is restricted to residential zones and neighborhood commercial. This finding is made pursuant to NRS 244.357 which allows regulations to be enacted to govern only a limited area within the county.

7. That of this date of enactment of this ordinance, there are no adult characterized businesses operating within Douglas County.

B. It is the purpose of this chapter to:

1. Adopt specific licensing requirements for adult characterized businesses;

2. Place location restrictions on these establishments;

3. Provide for a safe, healthy and aesthetically pleasing atmosphere for residents and visitors to the area;

4. Insure that the effects of adult characterized businesses will not be experienced by minors;

5. Mitigate the effect of adult characterized businesses on surrounding neighborhoods which can result in blight and reduced property values;

6. Prevent the clustering of adult characterized businesses in any one area;

7. Limit the spread of sexually transmitted diseases and the commission of public offenses such as prostitution, and trafficking in illegal narcotics;

8. Address the serious secondary effects of adult characterized businesses such as low level maintenance of commercial businesses and parking lots; and the interference with the enjoyment of residential lots due to noise, vandalism, crime and litter.

9. Provide by regulation, sufficient alternative sites for the establishment and operation of adult characterized businesses within the county.

C. This chapter is not adopted for the purpose of regulating the content of the material sold to or observed by the patrons of such establishments or entertainment. (Ord. 989, 2001)

5.36.030 License required; additional requirements; appeal of denial of license.

A. It is unlawful for any person to commence operating an establishment as an adult characterized business without first applying for and receiving a license pursuant to this chapter and complying with the specific requirements of this chapter.

B. Before applying for an adult characterized business license, the applicant must first apply for and receive any approval required under the Douglas County Code, Title 20 or other chapters. The board will not consider an adult characterized business license application until either approval or showing of exempt status under Title 20 of the Douglas County Code or other applicable chapters, and any applicable time requirements will not run until compliance has been shown.

C. An adult characterized business that is the subject of an application that desires to locate in Douglas County in an area other than the Tahoe Basin Planning Area, shall not be located within a 1,000-foot radius of any of the following:

The property boundary of a church, college, university, public or private elementary or secondary school, any residential district, a public park, publicly owned meeting facilities or the property line of a lot used or designated for residential use. The 1,000 foot radius shall extend from the perimeter limits of the property that is the subject of the application without regard to intervening structures or objects.

D. In the Tahoe Basin Planning Area, adult characterized businesses are restricted to the Stateline Community Plan Area as defined by the Tahoe Regional Planning Agency.

E. An adult characterized business shall not be located within 250' of another adult characterized business.

F. If applicable, that the selected location is in accordance with, and not in violation of, any rule or regulation of the Tahoe Regional Planning Agency (TRPA). If approval is required by the TRPA, applicant must conform with and secure all necessary approvals or permits before a license will be considered for approval.

G. An adult revue as defined at 5.36.010(H) does not require a license under this section.

H. A license issued to an adult characterized business is not transferable to another location.

I. A license issued to an adult characterized business may not be transferred to another business or licensee. A new application shall be required for a new owner or operator.

J. In addition to the requirements for the issuance and renewal of a business license enumerated in this chapter, the following are required before a license may be issued or renewed for an adult characterized business:

1. The application must disclose in writing anyone having a five percent or more ownership interest in the business or proposed business. If the applicant is a partnership or corporation, each shareholder holding a five percent or more ownership interest, must be disclosed. Each applicant or applicants or shareholders holding a five percent interest, must be over the age of 21. Additionally, each applicant or applicants ,or shareholders of a five percent or greater interest must state in writing if they have:

a. Ever had any business license denied, revoked or charges filed therefor, and if so, the application shall state the name of the business, date, jurisdiction, and outcome of any hearing;

b. Ever owned or operated an adult characterized business or brothel and if so, the name of the business and address, dates involved and position of interest in the business; and

c. Been convicted within ten years of application or renewal of a license of any crime as follows:

(i) A felony or other crime which under the laws of Nevada would amount to a felony.

(ii) A crime pursuant to Chapters 200, 201, 202, 203, 205 or 207 of the NRS, or a crime under the laws of another state which would amount to a crime under one of the above-listed chapters of NRS.

(iii) A crime of which fraud or intent to defraud was any element whether committed in this state or another state.

(iv) A gross misdemeanor or an equivalent conviction in another state, or unlawful possession, use or distribution of controlled substances or dangerous drugs.

2. The applicant or applicants must disclose in writing:

a. the names and addresses of all persons owning a five percent or more interest in the business, including the name and address of the general manager or managers of the business; and

3. If a corporation, the applicant or applicants must disclose in writing the names and addresses of the officers and directors of the corporation.

4. The application must include a site plan which shall identify, to scale, the following:

a. All internal uses of the business;

b. The signs proposed for the business and its location on the structure, and any on-site or off-street parking;

c. All properties within one thousand feet of the structure proposed to house an adult characterized business, the current uses located on those properties, and the current zoning for those properties.

d. All streets within one thousand feet of the property on which the structure proposed to house an adult characterized business is located and note if any streets are classified as an arterial.

e. Any internal building or structure requirements of this section and any internal building or structure requirements specific to the type of adult characterized business requested in the application.

f. External measurements on the site plan showing proximity to residentially zoned property or uses in the area must conform to the requirements of subsection 5.36.30(3) of this code.

g. The site plan will be prepared and certified by a registered Nevada land surveyor or civil engineer licensed in Nevada.

K. The sheriff will conduct an investigation of suitability. The following persons are declared unsuitable for the issuance of a license for an adult characterized business:

1. A person convicted of any of the crimes listed above;

2. A person who is under the age of 21;

3. A person who has failed to disclose, misstated or otherwise attempted to mislead the sheriff with respect to any material fact contained in any application for a license.

4. A person who has concealed or refused to disclose any material fact in any investigation by the sheriff.

5. A person who has been identified as being a member or associate of organized crime, or as being of notorious and unsavory reputation.

6. A person who has been placed and remains in the constructive custody of any city, county, state or federal law enforcement authority.

7. A person who has had a liquor license or work permit revoked or committed any act which is grounds for revocation of a liquor license or work permit or would have been grounds for revoking their liquor license or work permit.

L. Upon receipt of a completed application for a business license, the sheriff shall direct each owner of an adult characterized business, and each officer and director of a corporation or shareholder having a five percent or more interest listed as an owner of an adult characterized business identified to present himself/herself to have taken thumb and fingerprint impressions. Each owner, officer and director required to have his/her thumb and fingerprint impression taken shall present himself to the sheriff within fourteen days of notification that a completed application for a business license has been received by the sheriff. The sheriff shall submit the impressions to the central repository for Nevada records of criminal history or the Federal Bureau of Investigation to determine if a criminal history record exists for the applicant(s). The sheriff may impose a reasonable fee for fingerprinting and all charges by the State or Federal Bureau of Investigation to carry out the provisions of this section

M. Within twenty days of the receipt of a completed application for a business license, the sheriff shall place the application for discussion and action on the next stated regular meeting of the board at the township in which the proposed adult characterized business will operate. Along with the application, the sheriff must also forward all information pertaining to the applicant or applicants, and his recommendation for approval or denial of the license application. This time frame cannot be extended unless the applicant agrees.

N. At the hearing on the license application, the board shall receive all relevant evidence pertaining to the application. The applicant or their representatives are entitled to present evidence. After receiving all evidence, including the recommendation of the sheriff, the board shall close the hearing and determine whether a license should be issued to the applicant. In determining whether to approve or deny a license, the board shall consider, at a minimum, the following:

1. Whether the applicant has complied with all rules and regulations in preparing and submitting the application.

2. The impact the adult characterized business would have on the area in which it is to be located.

3. That locating an adult-characterized business in the selected area will not contribute to blight or reduced property values in the area.

4. The impact the adult characterized business will have on possible criminal activity in that area.

All proceedings shall be conducted according to the provisions of NRS Chapter 241.

If the board decides that additional evidence is necessary before they can make a decision, the matter can be continued only until the next stated regular meeting. The board’s decision shall be provided in writing to the applicant and the sheriff within ten days of the board’s action.

O. The decision of the board constitutes a final administrative decision for purpose of judicial review.

P. In the event that an application is denied, the applicant may file or cause to be filed in the district court a petition (mandamus) for judicial examination of the validity of the denial of the license as provided in chapter 34 of the NRS. If the district court has not decided the validity of the denial within thirty days after the petition is filed, a temporary license shall be issued. The temporary license shall remain in effect until the district court has rendered its opinion concerning the validity of the denial.

Q. Separate and additional permits and licenses may be required, such as but not limited to, health, fire, building and planning departments and liquor board.

R. The Board of County Commissioners may, by resolution, set forth applicable fees for an adult characterized business license and related work cards. (Ord. 989, 2001)

5.36.040 Structure housing adult characterized business; general restrictions; exception.

A. The provisions of this section apply to all structures housing an adult characterized business and adult drive-in theater.

B. No product, picture, photograph, graphic or other representation identifying products, entertainment or entertainers depicting specified anatomical areas or specified sexual activities provided within shall be displayed on the exterior of the building or within a display window or display area. A display window or display area or drive-in movie screen shall not be visible from an arterial. This restriction is to protect a passerby, particularly minors, on the arterial from viewing the display window or display area or drive-in movie screen.

C. A sign or signs complying with, and approved under, the provisions of Title 20 which identifies the name and address of an adult characterized business is permitted.

D. Lighting outside of the structure housing an adult characterized business shall be designed to minimize criminal activity and vandalism, and to provide for the safety of patrons. A minimum of 1 foot candle of light on the sidewalk and parking area adjacent to and serving the adult characterized business is required.

E. All doors used by the public to gain access to public areas located within the adult characterized business shall remain unlocked during the entire period in which the business is open to the public.

F. A permanent barrier, either on the exterior or interior of the structure, shall be erected in front of each door used as a public entrance leading into an adult characterized business to prevent the viewing of products, entertainment or entertainers depicting specified anatomical areas or specified sexual activities provided within the business when a door is opened.

G. No door or window in an adult characterized business that allows viewing of products, entertainment or entertainers depicting specified anatomical areas or specified sexual activities provided within the business may be open during the entire period in which the business is open to the public.

H. All windows must have an opaque covering that prevents viewing into the interior of an adult characterized business. When a display window is used, the opaque covering shall be behind the display and will completely block any viewing into the interior of the business.

I. No loudspeaker or other amplified sound system may be installed on the exterior of a structure housing an adult characterized business that transmits sounds from the interior of the adult characterized business or advertises the adult characterized business.

J. Suitable sound absorbing material shall be installed on the interior of an adult characterized business to minimize the internal sound from affecting adjacent uses and properties.

K. Separate restrooms for males and females are required, and any restrooms devoted to use by one sex may not be occupied or used by the other sex except for employees performing cleaning and maintenance of the restroom.

L. No portable structure may be used to house an adult characterized business.

M. No alteration to a structure housing an adult characterized business that affects the size or use of the adult characterized business may occur unless notification and approval of the licensing authority occurs first. (Ord. 989, 2001)

5.36.050 Non-regulated adult characterized businesses; criteria.

A business in which material defined in section 5.36.10 (1) is found does not constitute an adult characterized business regulated pursuant to sections 5.36.10 through 5.36.150 if:

A. The floor area devoted to material defined in section 5.30.10(1), does not exceed five percent of the total display or retail floor area or 200 square feet, of the business, whichever is less;

B. The floor area devoted to material defined in section 5.36.10 (1), is segregated by partition, separate internal entrance, or otherwise obscured from casual observance by minors;

C. The floor area devoted to material defined in section 5.36.10(1), is clearly signed to prohibit access by minors;

D. The floor area devoted to material defined in section 5.36.10 (1), is adequately staffed or otherwise controlled to assure monitoring of minors who may seek access to floor area;

E. The business does not advertise or hold itself out to the public in any way as being an adult characterized business, whether by window displays, signs, or other means;

F. The business cannot be defined as an adult characterized business; and

G. The business cannot be combined with any other area or business to result in an increase in the floor area devoted to this activity beyond the maximum specified in subsection (1) above. (Ord. 989, 2001)

5.36.060 Persons working for an adult characterized business required to have work card and exception to obtaining work card; approval of work card; grounds for denial, revocation or suspension of work card; appeal to board.

A. No person, except a person licensed pursuant to section 5.36.30, shall work at or in an adult characterized business in any capacity without a valid work card issued pursuant to this section, except for those persons who have no contact with the public.

B. The sheriff or his designee shall review the application for a work card for a person intending to work or working in an adult characterized business and shall approve or deny the application.

C. A work card may be denied, revoked or suspended for the following reasons:

1. Failure to disclose or to misstate or otherwise attempt to mislead the sheriff with respect to any material fact contained in the application for issuance of the work card.

2. Conviction of committing, attempting or conspiring to commit:

a. Any crime where larceny is an element of the offense;

b. Receiving or possessing stolen property;

c. Embezzlement;

d. Prostitution;

e. Lewd or lascivious behavior.

3. Conviction of any felony or gross misdemeanor or a crime in another state which, if committed in the State of Nevada, would be punishable as a felony or gross misdemeanor.

4. Presenting a threat or danger to the safety and welfare of the public.

5. Violation of any provision of section through 5.36.150, inclusive.

D. If a work card is denied by the sheriff, the applicant shall be advised in writing of the reason. The applicant may appeal that decision in writing to the Board no later than ten days after receiving the reason for the decision. A failure to appeal the decision of the sheriff within ten days constitutes an admission that the decision is well founded and precludes further administrative or judicial review.

E. Upon appeal, the Board shall, hold a hearing within thirty days. All proceedings shall be conducted according to the provisions of NRS Chapter 241.

F. At the hearing, the Board shall take any testimony and evidence deemed necessary and relevant. After the close of the evidence, the board shall review the testimony and evidence and shall announce its decision sustaining or reversing the decision of the sheriff. In the event that the board decides that additional evidence is necessary before they can make a decision, the matter can be continued only until the next stated regular meeting of the board. The board’s decision shall be provided in writing to the applicant and the sheriff within ten days of the board's action.

G. The decision of the board constitutes a final administrative decision for purpose of judicial review. (Ord. 989, 2001)

5.36.070 Work cards; term; scope of work allowed; expiration of work card upon change of place of address or cessation of employment.

A. If an application for a work card is approved, the sheriff shall issue a work card which has a term of two years from the date of issuance.

B. A work card issued pursuant to 5.36.70 shall include the full legal name, current address, physical description and a photograph of the card holder. The card must be kept in the personal possession of the card holder and shown upon request of a peace officer or other county employee authorized to enforce Douglas County codes.

C. A work card issued pursuant to 5.36.70 is valid only for work in an adult characterized business.

D. A work card automatically expires:

1. If not renewed within thirty days after a change of home address;

2. If the holder becomes employed at another adult characterized business and does not notify the sheriff within thirty days.

3. If the card holder is not employed in an adult characterized business for a period of more than ninety consecutive days, unless that period is due to a serious health issue which is documented by a doctor licensed in Nevada. (Ord. 989, 2001)

5.36.080 Work card renewal; replacement; service charge.

A. A person desiring a renewal of a work card must pay a non-refundable service charge to defray any of the sheriff’s expenses of reinvestigating the holder’s background.

B. If, in the opinion of the sheriff, the card holder requires fingerprinting before the renewal of a work card, the applicant must pay an additional service charge established by the sheriff for the fingerprinting.

C. A person desiring a replacement of a work card must pay a non-refundable service charge to defray the sheriff’s expenses of reproducing the work card. A replacement work card shall expire on the same date as the work card it replaces. (Ord. 989, 2001)

5.36.090 Review of holders of work cards; refusal to renew; suspension; revocation; appeal of suspension or revocation; notices to employer.

A. The holder of a work card is subject to review at any time for continued compliance with the provisions of this chapter.

B. The sheriff may refuse to renew a work card, and that work card may be suspended or revoked by the sheriff any time when it appears to the satisfaction of the sheriff that:

1. The holder of the work card has been convicted of an offense that causes the sheriff to conclude that such a person is no longer a suitable or qualified person for employment under the provisions of this chapter.

2. The holder of the work card has made a false statement in his application for a work card.

3. The holder of the work card is no longer a suitable person to hold a work card, after due consideration by the sheriff of the proper protection of the public health, safety, morals and good order and the general welfare of the inhabitants of Douglas County.

C. A person whose work card has not been renewed or whose work card has been suspended or revoked by the sheriff may appeal to the Board in the same time and manner set forth in section 5.36.060.

D. If the sheriff has reasonable suspicion that a holder of a work card has done an act or omission within subsection 2, he may notify the current employer of the work card holder. (Ord. 989, 2001)

5.36.100 Adult interactive cabaret; records; retention of records; work card required and performers and workers as employees; prima facie evidence; prohibited activities; restrictions; licensee’s responsibility.

A. For purposes of obtaining and retaining a license to operate an adult interactive cabaret, the licensee must have available at all times, for presentation, upon request of any law enforcement officer or other county employee authorized to enforce Douglas County codes, the following information for or relative to each person conducting business upon the premises of the licensee:

1. Current, valid work card, except the licensee who is exempt from obtaining a work card;

2. Full legal name, current address and telephone number, date of birth, and social security number;

3. A work schedule, showing hours currently worked during the calendar month and any hours worked which were not scheduled;

4. A daily summary of remuneration of any kind earned by every performer while on the premises, from whatever source derived;

5. A record of any payments made by each performer to the licensee, his/her agents, employees or others;

6. A record of any benefits or gratuities provided to any performer by the licensee, any agents, employees or others.

B. Each record enumerated in (1) shall be maintained by the licensee for a period of three (3) calendar years.

C. The licensee must ensure that all persons working or providing services upon the premises have a valid adult characterized business work card except for those persons who have no contact with the public. All persons working on the premises shall be employees of the licensee; no independent contractor or subcontractor may be employed as a performer or other worker.

D. It shall be prima facie evidence that a business is an adult interactive cabaret when one or more employees is present in such attire, costume or clothing so as to expose to view specified anatomical areas.

E. The following activities are prohibited:

1. The display, exposure or causing of a public display or exposure, with less than a full opaque covering, of any portion of a person’s genitals, pubic area or anus in a lewd and obscene fashion; and

2. The representation or implication that any beverage which contains less than one-half of one percent of alcohol by volume is liquor, beer, wine, spirits, gin, whiskey, champagne, cordials, ethyl alcohol, rum or any form these beverages and sell the same to the person to whom the claim, representation or implication was made.

F. The following restrictions apply to an adult interactive cabaret:

1. No person, firm partnership, corporation or other entity shall advertise, or cause to be advertised, as an adult cabaret without a valid license issued pursuant to this chapter.

2. No person under the age of 21 shall be employed in an adult interactive cabaret that has a liquor license.

3. No person under the age of 18 shall be employed in an adult interactive cabaret that does not have a liquor license.

4. No later than the fifteenth day of the month succeeding the annual license period, an adult cabaret licensee shall file a verified report with the sheriff showing any amount the licensee, its agents, assigns, heirs, employees, partners, shareholders, subsidiaries or spouses paid to dancers for the preceding period.

5. An adult interactive cabaret licensee shall maintain and retain for a period of three years the legal names and aliases, addresses, identifying information and ages of all persons performing on the premises.

6. No adult interactive cabaret licensee shall allow a person under the age of 21 upon the premises.

7. No adult interactive cabaret licensee shall serve, sell, distribute or allow the consumption or possession of any intoxicating liquor, or any beverage represented as containing any alcohol, upon the premises of the licensee without a valid liquor license.

8. An adult interactive cabaret licensee shall conspicuously display its licenses as required by this chapter.

9. The following restrictions apply to dance areas:

a. With the exception of a permanent barrier constructed to satisfy the provisions Section 5.36.40(6), dance areas must not be obscured by any design feature or artificial barrier that restricts view from the common areas, including, but not limited to non-transparent curtains and/or screens, doors, and staircases.

b. All areas where dancing occurs must be open to public access.

c. The dance area must be a minimum of eighteen (18") inches above the floor occupied by patrons.

d. A continuous aisle, a minimum of four feet (4’) in width, must be maintained between the dance area and the area occupied by patrons. The aisle must be marked by a fixed rail, a minimum of thirty (30”) inches in height, to be installed on the edge of the aisle closest to the area occupied by patrons.

10. No movable stages are permitted.

11. No private booths or dance areas may be installed for the private viewing by individual patrons of performers.

12. Access for performers to their dressing rooms that is distinct and separate from the area occupied by patrons must be maintained during business hours.

13. Separate dressing rooms and restrooms for each gender of performers must be provided exclusively for that gender and not available for use by the general public or patrons.

14. A separate entrance/exit to the business for the use of performers must be maintained which must not be used by patrons.

15. The following restrictions apply to performers or patrons:

a. At no time will a performer or patron expose any portion of their pubic region, genitals, vulva or anus to view, nor must a male performer appear in a discernibly turgid state, even if completely and opaquely covered.

b. At no time will a performer or patron touch the other’s genitals, breast, anus or pubic area.

c. Performers or patrons will not use any device, inanimate object or animal to simulate any sexual acts such as masturbation, intercourse or sodomy.

d. Performers or patrons at no time must agree to act (or act) as escorts for money or solicit prostitution in any form on the premises of a licensed establishment.

e. Performers are not permitted to leave the business with any patron in exchange for any gift or compensation.

f. No out call dancing is permitted from an interactive cabaret.

g. Performers will remain on the premises of the business for their entire scheduled shift. Performers may only leave the business with the approval of the on-duty manager who must record the reason for the departure.

16. The adult interactive cabaret must maintain a schedule of all performers on duty at all times during business hours. The schedule must be made available to law enforcement on demand and must contain the dancers’ real and stage names, and their scheduled arrival and departure times.

17. Any adult interactive cabaret which does not have a liquor license issued by the county and which uses the words that imply the availability of alcohol on the premises, such as "bar", "lounge" or "saloon" in any advertisement or name, must state in all such advertisements that alcohol is not sold or allowed on the premises. Any beverage sold in an adult interactive cabaret which does not have a liquor license shall be delivered to the patron in the container with the alcoholic content, if any, clearly imprinted on the label in letters no less than three-sixteenths (3/16") inch high. In addition, the establishment must post at each entrance door, and not more than five inches above each entrance doorway if no door is present during hours of operation, and in at least three places behind the bar, a sign with letters not less than three inches high stating:

ALCOHOL IS NOT SOLD HERE

All adult interactive cabarets must post at the entrance door, and not more than five inches above each entrance doorway if no door is present during hours of operation, and in at least three places behind the bar, a sign with letters not less than three inches high stating:

PROSTITUTION OR THE SOLICITATION OF PROSTITUTION IS UNLAWFUL

The letters for each sign must be black on yellow background and the sign at each entrance door and behind the bar must be between four and six feet above floor level. Each sign must be located and illuminated sufficiently to be read by a person with normal eyesight or eyesight corrected to 20/20, 30 feet from the sign.

18. No adult interactive cabaret may employ a security guard, or other persons employed to prevent disturbances, to work on the premises unless such person has obtained a work permit.

19. Sufficient lighting must be provided and equally distributed in and about the parts of the premises which are open to and used by the patrons so that all objects are plainly visible at all times to afford visual identification of objects and persons. There is a presumption of sufficient lighting when, on any part of the premises which is open to and used by patrons, a program, menu or list printed in eight-point type is readable.

G. The following are the responsibility of the licensee:

1. It is the intent of Douglas County to make an adult cabaret licensee responsible for conduct occurring on the business premises and to ensure that a licensee will act as the eyes and ears of government for purposes of noticing and correcting violations of this chapter to ensure the safety and well being of its patrons.

2. It is the duty of the licensee to reasonably prevent disturbances, fraudulent acts, prostitution and the solicitation of prostitution, and violations of the adult interactive cabaret regulations as defined in this chapter, upon the licensed premises. The holder of a business license to operate an adult interactive cabaret is responsible for the acts of any employees and independent contractors or subcontractors, while on the licensed premises or while acting as an agent for that business, including but not limited to attendants, servers, security personnel, managers and performers and patrons.

3. If violations of this chapter are observed upon the premises by a law enforcement officer, code enforcement officer, or other person authorized to enforce county, state or federal laws the licensee may be issued a notice of possible violation by the sheriff or other authorized persons. A person who is working on behalf of law enforcement is authorized to observe and report violations. Upon receipt of a third violation within a ninety day period, the business license for the business must be reviewed by the Board, who must hear any testimony from the licensee or its representatives, at a duly noticed meeting and may recommend license suspension or revocation proceedings. In the event that the Board decide that additional evidence is necessary before they can make a decision, the matter can be continued only until the next stated meeting of the Board. The Boards’ decision must be provided in writing to the applicant and the sheriff within ten days of their action. All proceedings must be conducted according to the provisions of NRS Chapter 241. (Ord. 989, 2001)

5.36.110 Out call entertainment; restrictions on hiring; work card required and additional reasons for denial/revocation; records; advertising; restrictions; responsibility of licensee.

A. No out call entertainer must:

1. Provide out call entertainment to a patron who is less than 18 years of age;

2. Commit an act of prostitution; or

3. Solicit any fee, gratuity or tip from any out call entertainment patron in addition to the basic entertainment fee.

B. An out call entertainer is required to obtain a work card. In addition to the grounds that a work permit may be denied or revoked pursuant to section 5.36.70, the following grounds may be considered for denial or revocation:

1. Conviction of a crime of prostitution or any other crime of sexual misconduct;

2. Commission of a criminal act while providing services to an out call entertainment patron; or

3. The applicant is less than 21 years of age.

C. A record must be kept by every licensee under this chapter showing every transaction where any out call entertainer is employed, furnished or arranged for on behalf of any patron or customer, hour of the transaction, the name of the patron or customer, the address and telephone number of the entertainment location, the name of each out call entertainer involved, the fee charged per hour to the patron, the total fee charged each patron, the amount paid the out call entertainer, the amount retained by the licensee, and such other information as the sheriff may reasonably require by rule or regulation. The record must be available and open to inspection, upon request of any law enforcement officer or by any representative of the county duly authorized to enforce Douglas County codes at any time and must be presented before the Board at any time upon written request.

D. The following restrictions on advertising apply:

1. No person must advertise or cause to be advertised as out call entertainment referral service without first obtaining and thereafter maintaining a valid license pursuant to this chapter.

2. No licensee, manager, subcontractor, independent contractor or employee of an out call entertainment referral service must, in any manner, either directly or indirectly:

(a) Advertise, display or disseminate:

(i) In any newspaper, magazine or other publication, or

(ii) By radio or television broadcasting, or

(iii) By telephone directory, or

(iv) By telephone, fax or Internet, or

(v) By handbill, pictorial, representation or other advertising any information or illustrations or pictures of any person or object that contain any statement which implies or suggests to a reasonable, prudent person or would give the public a basis to infer or believe that prostitution or any other illegal act, product or service is offered or provided by and business licensed under this chapter.

(b) Advertise in any manner set forth in subsection (1) of this subsection any statement which implies or suggests to a reasonable, prudent person or would give the public a basis to infer or believe that out call entertainers have been medically examined or are free from contagious diseases.

E. The following restrictions are imposed on out call entertainment:

1. No person, firm, partnership, corporation, or other entity must advertise, or cause to be advertised, as an out call business without a valid license issued pursuant to this chapter.

2. No later than the fifteenth day of the month succeeding the annual license period, an out call licensee must file a verified report with the sheriff showing any amount the licensee, its agents, assigns, heirs, employees, partners, shareholders, subsidiaries or spouses paid to out call entertainers for the preceding annual period.

3. An out call entertainment licensee must maintain and retain for a period of three years the legal names and aliases, addresses, identifying information and ages of all persons employed by the licensee.

4. An out call entertainment licensee cannot employ a person who is under the age of 21 years, or a person who does not have a valid work permit or business license.

5. No out call licensee must serve, sell, distribute or possess any intoxicating liquor, or any beverage represented as containing any alcohol, during the course of the contract with an out call entertainment patron without a valid liquor license.

6. An out call licensee must conspicuously display all licenses required by this chapter at the office of the licensee.

7. At no time may a licensee or employee of a licensee expose any portion of their pubic region, genitals, vulva and/or anus to view, nor must a male licensee or employee appear in a discernibly turgid state, even if completely and opaquely covered, except in a private residence. This must include all entertainment locations defined in section or any locations to which the public has access.

8. Licensees or their employees may not work if grossly intoxicated or under the influence of any controlled substance.

9. No licensee or employee must fondle or caress any patron, and no patron must fondle or caress any out call entertainer. At no time will a licensee or employee touch either’s genitals, breast, anus or pubic area.

10. Licensee or employees will not simulate any sexual acts with a patron or use any artificial device or inanimate object, animal or simulation thereof, to simulate the same.

11. Licensees or employees at no time must make dates with out call entertainment patrons while performing or solicit prostitution in any form.

12. The out call licensee must maintain at all times during the open hours a schedule or list of all employees. This schedule or list must list all employees on duty and their shift times. The list must be made available to law enforcement on demand.

13. No out call licensee must employ a body guard, runner, security guard, or other persons employed to prevent disturbances, handle money, or act as an escort unless such person(s) have obtained a work permit pursuant to section 5.36.60.

14. No licensee or employee must fondle or caress any out call entertainment patron and no patron must fondle or caress any licensee or employee during or while performing.

F. The following are responsibilities of an out call entertainment licensee:

1. The holder of a license for an out call entertainment service is responsible for the acts of its employees and independent contractors or subcontractors, including but not limited to attendants, servers, security personnel, managers and performers. A license for an out call entertainment service may be revoked for acts of such agent, employee or subcontractor which violates any provision of this chapter. It is the duty of the licensee to prevent disturbances, fraudulent acts, prostitution and the solicitation of prostitution, and violations of the out call entertainment regulations as defined in sections 5.36.20 through 5.36.150, inclusive.

2. The owners or operators of any out call entertainment service must ensure that all independent contractors and subcontractors, including but not limited to attendants, servers, security personnel, managers and performers must have a current business license and work permit prior to contracting for their services. The owner or operators must keep a copy of each individual business license and work permit on file for every independent contractor or subcontractor not acting as a regular employee. (Ord. 989, 2001)

5.36.120 Adult motion picture arcade; restrictions.

In addition to the restrictions enumerated in sections 5.36.20 through 5.36.150, inclusive, the following must be required to operate an adult motion picture arcade:

A. Enclosures may not be less than five feet nor exceed six feet in height at any point; and must be configured in such a manner that there is an unobstructed view from a manager’s station to the motion picture arcade area; and must have a minimum opening of 36 inches wide, and the opening may not be blocked completely at any time by a door, wall, curtain or other partition. A partial blocking of the enclosure may be allowed providing that the door, wall, curtain or other partition creating the partial blocking is not less than eighteen inches from the enclosure's floor at any one point nor forty-eight inches from the enclosure's floor at any one point. The manager must be able to visually monitor the booths, when occupied, at all times to ensure that only one person occupies a visual viewing area at any time. Electronic monitoring of the arcade is permitted to satisfy the continuous monitoring requirement.

B. A minimum one-half inch solid barrier must be constructed between each viewing area. Such barrier must be maintained and not compromised in any fashion.

C. No more than one person may use an individual viewing area at any one time. The arcade area must be continuously monitored at all times when patrons are in the booths or the arcade area. A sign no less than two inches in height must be posted above the entrance to each enclosure stating the following:

NO MORE THAN ONE PERSON MAY OCCUPY THIS ENCLOSURE

D. Each viewing booth must be maintained in a clean condition and free of any debris. (Ord. 989, 2001)

5.36.130 Adult bookstore; restrictions.

In addition to the restrictions enumerated in this chapter, the following must be required to operate an adult bookstore: the public area must be lighted with a minimum of 30 foot candle lighting when measured five (5’) feet from the floor. (Ord. 989, 2001)

5.36.140 Adult revue; restrictions.

Adult reviews must comply with the following provisions:

A. 5.36.100 E,

B. 5.36.100 F(15)(a-d), and

C. No out call dancing is permitted from an adult review. (Ord. 1036, 2003; Ord. 989, 2001)

5.36.150 Nonconformance.

A. All adult characterized businesses legally established prior to September 1, 2001 which do not comply with the provisions of this chapter, must be deemed nonconforming and may continue to operate, provided that any pre-existing adult business will further be subject to the provisions of subsection 2. No legally established adult business must be deemed nonconforming solely by virtue of the subsequent creation or expansion of any other use or regulatory zone.

B. An adult characterized business licensee not in conformance with the provisions of sections 5.36.20 through 5.36.110 must have a period of one year from July 1, 2001, to conform to the requirements enumerated below unless, by application to the Board, a further time is allowed by the Board based upon undue hardship.

1. For an adult bookstore, compliance with section 5.36.30, subsections J through N; section 5.36.40; section 5.36.60; section 5.36.120, if an adult motion picture arcade is located on the business premises; and section 5.36.130.

2. For an adult interactive cabaret, compliance with section 5.36.30, subsections J through N; section 5.36.40: section 5.36.60; and section 5.36.100.

3. For an adult out call entertainment service, compliance with section 5.36.30, subsections J through N; section 5.36.40; section 5.36.60; and section 5.36.110.

4. For an adult motion picture arcade, compliance with section 5.36.30, subsections J through N; section 5.36.40; section 5.36.60; and section 5.36.120.

5. For all other adult characterized businesses, compliance with section 5.36.30, subsections J through N; and section 5.36.40; and section 5.36.60. (Ord. 1036, 2003; Ord. 989, 2001)

Chapter 5.40

Vacation Rentals in the Tahoe Township

Sections:

5.40.010 Title.
5.40.020 Purpose of chapter.
5.40.030 Applicability.
5.40.040 Definitions.
5.40.050 Vacation home rental permit requirements.
5.40.060 Agency.
5.40.070 Application for vacation home rental permit.
5.40.080 Application and renewal fees.
5.40.090 Standard permit conditions and additional conditions.
5.40.100 Local contact person.
5.40.110 Violation and penalties.
5.40.120 Procedure for imposition of penalties, suspension or revocation.
5.40.130 Permits and fees not exclusive.
5.40.140 Penalty.
5.40.150 Enforcement of chapter.
5.40.160 Private actions to enforce.
5.40.170 Violations by occupants of vacation rental homes.

      5.40.010 Title.
      This chapter shall be referred to as the Lake Tahoe vacation home rental ordinance. (Ord. 1117, 2005)

      5.40.020 Purpose of chapter.
      The board finds and declares as follows:
      A. Vacation home rentals provide a community benefit by expanding the number and type of lodging facilities available and assist owners of vacation home rentals by providing revenue which may be used for maintenance upgrades and deferred costs.
      B. County staff has responded to numerous complaints involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic, congestion, illegal vehicle parking and accumulation of refuse at vacation home rentals, which require response from police, fire, paramedic and other public personnel.
      C. The transitory nature of occupants of vacation homes makes continued enforcement against the occupants difficult.
      D. The provisions of this chapter are necessary to prevent the continued burden on county services and impacts on residential neighborhoods posed by vacation rental homes.
      E. The area of Douglas County within the jurisdictional boundaries of the Tahoe Regional Planning Agency (“TRPA”) dominates Douglas County’s lodging and recreational use. According to the county’s Master Plan, about 71 percent of the lodging and recreational uses are located in the Tahoe Planning Area. This planning area, located on the western edge of Douglas County, is the primary center of the casino resort industry for the county, accounting for 87 percent of all casino resort land uses and approximately 31 percent of all commercial and office land uses in the county.
      The entire Tahoe Basin is under the jurisdiction of the TRPA. TRPA’s jurisdiction includes portions of two states and five counties. TRPA implements its control with the use of the Lake Tahoe Regional Plan, the Community Plans and the Plan Area statements under the Tahoe Regional Planning Compact. TRPA has asked Douglas County to adopt the Lake Tahoe Vacation Home Rental Ordinance and administer the provisions of this chapter.
      The area of Douglas County within the boundaries of TRPA has limited opportunities for growth due, in part, to the restrictions imposed by TRPA. Lake Tahoe’s scenic beauty is a significant part of its attraction; maintenance of the natural areas and existing residential neighborhoods is essential to the continued economic strength of the various land uses in this area of the county. It is the intent of the Lake Tahoe Vacation Home Rental ordinance to make the transitory lodging activity permitted by this chapter resemble the existing residential uses made by resident owners and lessees.
       Douglas County has previously adopted the Tahoe Basin Regulations, consisting of chapters 20.700 through 20.702 of the Douglas County Development Code recognizing the unique circumstances existing in this portion of the county and found in this subsection.
Confining the application of the Lake Tahoe Vacation Home Rental Ordinance to just the region administered by TRPA will produce a lack of uniform regulation for vacation home rental properties in the balance of the Tahoe Township. The balance of Tahoe Township has significant economic relationships with the region administered by TRPA making uniform regulation of vacation home rental properties throughout Tahoe Township appropriate.
      Section 244.357 of NRS permits the enactment and enforcement of police power ordinances and regulations to govern only a limited area in the county where the subject matter makes it appropriate and reasonable. The ordinance or regulation must specify the limited area within the county to which the ordinance or regulation applies.
      The board finds that the Lake Tahoe vacation home rental ordinance, with the limited applicability prescribed in section 5.40.030 of this chapter, is necessary because a general police power ordinance cannot be made applicable. (Ord. 1117, 2005)

      5.40.030 Applicability.
      The provisions of this chapter apply within the unincorporated portions of the county located within the boundaries of the Tahoe Township. All requirements, regulations and standards imposed by this chapter are intended to apply in addition to any other applicable requirements, regulations and standards imposed elsewhere in this code. (Ord. 1117, 2005)

      5.40.040 Definitions.
      The words and phrases used in this chapter have the following meanings:
      A. Local contact person: a local property manager, owner, or agent of the owner, who is available to respond to tenant and neighborhood questions or concerns, or any agent of the owner authorized by owner to take remedial action and respond to any violation of this ordinance.
      B. Managing agency or agent: a person, firm, or agency representing the owner of the vacation home rental, or a person, firm, or agency owning the vacation home rental.
      C. Operator: the person who is proprietor of a transient lodging facility, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character, other than an employee, or where the operator performs his functions through a rental agent, the managing agent or the rental agent has the same duties as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent or the rental agent is considered to be compliance by both.
      D. Owner: the person or entity that holds legal or equitable title to the private property.
      E. Person: an individual, a group of individuals, or an association, firm, partnership, corporation, or other private entity, public or private as defined in NRS 0.039.
      F. Person responsible for event: the owner of the property where the large party, gathering, or event takes place, the person in charge of the premises or the person who organized the event. If the person responsible for the event is a minor, then the parents or guardian of minor will be jointly and severally liable.
      G. Rent: the consideration received by a vendor in money, credits, property, or other consideration valued in money for lodgings subject to the tax authorized in Title 3 of the Douglas County Code.
      H. Vacation home rental: one or more dwelling units, including either a single-family, detached or multiple-family attached unit, rented for the purpose of overnight lodging for a period of not less than 1 day and not more than 28 days other than ongoing month-to-month tenancy granted to the same renter for the same unit pursuant to ch. 118A of NRS. (Ord. 1117, 2005)

      5.40.050 Vacation home rental permit requirements.
      No owner of a vacation rental may rent that unit for 28 consecutive calendar days or less without a valid vacation home rental permit for that unit issued pursuant to this chapter. A separate permit is required for each vacation home rental. The permit requirements of this chapter are in addition to any business license, hotel or motel tax registration, or any other permit or licensing requirements. However, at the discretion of the community development director or a designee, the processing of permits required under this chapter may be combined with the processing of business licenses, hotel or motel tax registration, or any other permit or license process administered by the county community development director or a designee. The county community development director or a designee is authorized to prescribe forms and procedures for the processing of permits under this chapter. (Ord. 1117, 2005)

      5.40.060 Agency.
      An owner may retain an agent, representative, or local contact person to comply with the requirements of this chapter, including, without limitation, the filing of an application for a permit, the management of the vacation home rental, and the compliance with the conditions of the permit. The permit must be issued only to the owner of the vacation home rental. The owner of the vacation home rental is responsible for compliance with the provisions of this chapter and the failure of an agent, managing agency, or local contact person to comply with this chapter is non-compliance by the owner, the agent, managing agency and local contact person. (Ord. 1117, 2005)

      5.40.070 Application for vacation home rental permit.
      An application for a permit must be filed with the community development department before use of the property as a vacation home rental. Permit applications for properties presently used as vacation home rental must be filed within 90 days of the effective date of this ordinance upon forms provided by the county and must contain the following information:
      A. The name, address, and telephone number of the owner of the vacation home rental for which the permit is issued.
      B. The name, address, and telephone number of the managing agency, agent or local contact person for the owner of the vacation home rental.
      C. Acknowledgment that all designated bedrooms contain a minimum of 70 square feet and meet all requirements of the current international residential code.
      D. The number of bedrooms (each containing a minimum of 70 square feet), approximate total heated square footage in the vacation home rental, and the maximum number of overnight occupants.
      E. A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.
      F. Evidence of a valid transient occupancy tax remittance form issued by the county for the vacation home rental. This registration may be filed concurrently with the application for a permit under this chapter.
      G. Acknowledgment that the owner, agent, and local contact person have read all regulations pertaining to the operation of a vacation home rental.
      H. Acknowledgment that the owner, agent, or local contact person has or will post the vacation home rental with the notice required in section 5.40.090.
      I. Other information the community development director or a designee deems reasonably necessary to administer this chapter.
If the information supplied by the property owner on the application for a vacation home rental permit is not consistent with county records, an inspection can be required prior to or after the issuance of the vacation home rental permit. An inspection fee established by resolution of the board must be charged for any inspection. The County must provide a copy of the application to the general improvement district and homeowners’ association in which the proposed vacation home rental property is located having responsibility for streets, parking, trash and refuse pick-up or any combination of these responsibilities. (Ord. 1117, 2005)

      5.40.080 Application and renewal fees.
      An application for a vacation home rental permit must be accompanied by an initial fee established by resolution of the board. An annual renewal fee will be established by resolution of the board which permit holders must pay when renewing their permit issued pursuant to this chapter. (Ord. 1117, 2005)

      5.40.090 Standard permit conditions and additional conditions.
      A. All permits issued pursuant to this chapter are subject to the following standard conditions:
          1. The owner must by written agreement, limit overnight occupancy of the vacation home rental to the specific number of occupants designated in the permit, with the number of overnight occupants not to exceed 2 persons per bedroom plus 4 additional persons per residence.
A bedroom is a room (containing a minimum of 70 square feet) that is designed to be used as a sleeping room and for no other primary purpose. The structure must have at least one other habitable room containing a minimum of 120 square feet. Every bedroom shall have an emergency escape or rescue exit and a minimum ceiling height in accord with the current international residential code.
         2. The owner must by written agreement, limit the number of vehicles of overnight occupants to the number designated in the permit; with the number of vehicles of overnight occupants not to exceed the number of designated on-site parking spaces. Parking buses on-site or on the street is prohibited.
         3. The owner must use best efforts to assure that the occupants or guests of the vacation home rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding vacation home rentals and responding when notified that occupants are violating laws regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace officer or place himself or herself in harm’s way.
         4. The owner must, upon notification that occupants or guests of his or her vacation home rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this code or state law pertaining to noise, or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.
         5. The owner of the vacation home rental must comply with and use his or her best efforts to achieve compliance by the occupants with all the provisions of chapters 6.32, 8.12 and 8.14 of this code.
         6. The owner of the vacation home rental must post a copy of the permit and a copy of the conditions set forth in this section in a conspicuous place within the vacation home rental.
         7. Each vacation home rental must have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:
             a. The name of the managing agency, agent, property manager, local contact, or owner of the unit, and a telephone number at which that party may be reached on a 24-hour basis;
             b. The maximum number of occupants permitted to stay in the unit;
             c. The maximum number of vehicles allowed to be parked on the property;
             d. The number and location of on-site parking spaces and the parking rules for seasonal snow removal and emergency vehicle access (in any);
             e. The trash pick-up day and notification that trash and refuse must not be left or stored on the exterior of the property except from 6:00 p.m. of the day prior to trash pick-up to 6:00 p.m. on the day designated for trash pick-up unless a bear proof container exists for use by the occupants;
             f. Notification that an occupant as a person responsible for an event, may be cited and fined for creating a disturbance or for violating other provisions of this ordinance; and

             g. Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this ordinance.
             h. The occupants of a vacation rental home must make the notice required by this paragraph available for inspection by the community development director or a designee, the sheriff’s office or the code enforcement officer on a request made by any of these officials.
         8. All permissible uses must comply with the county or applicable general improvement district parking,