§ 269.170 — Powers of town board or board of county commissioners; application for certain licenses; imposition of license tax; license tax as lien; exchange of information concerning tax or taxpayer with Department of Taxation

Nevada § 269.170

• Jurisdiction: Nevada
• Title 21: CITIES AND TOWNS
• Ch. 269: Unincorporated

Text

1. Except as otherwise provided in subsections 5, 6 and 7 and NRS 576.128 , 598D.150 and 640C.100 , the town board or board of county commissioners may, in any unincorporated town:
(a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:
(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.
(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.
(3) Boardinghouses, hotels, lodging houses, restaurants and refreshment saloons.
(4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.
(5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.
(6) Corrals, hay yards, livery and sale stables and wagon yards.
(7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.
(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.
(10) Drummers, hawkers, peddlers and solicitors.
(11) Insurance analysts, adjusters and managing general agents and producers of insurance within the limitations and under the conditions prescribed in NRS 680B.020 .
(b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).
2. 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.
3. Any license tax levied for the purposes of NRS 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 must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.
4. The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.
5. The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:
(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 , or who is regulated pursuant to the Nevada Supreme Court Rules; and
(b) Practices his or her profession for any type of compensation as an employee.
6. The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax pursuant to this section for a cannabis establishment, as defined in NRS 678A.095 .
7. Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645 , the town board or board of county commissioners shall not license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085 , or cannabis products, as defined in NRS 678A.120 , to be consumed on the premises of the business, other than a cannabis consumption lounge, as defined in NRS 678A.087 , in accordance with the provisions of chapter 678B of NRS.

Legislative History

[Part 1:48:1881; A 1889, 43 ; 1903, 55 ; 1919, 408 ; 1943, 65 ; 1951, 455 ]—(NRS A 1961, 49 ; 1967, 1728 ; 1969, 874 ; 1971, 1922 ; 1983, 122 , 762 ; 1985, 263 ; 1997, 3171 ; 2003, 2895 ; 2005, 734 , 1136 ; 2017, 2404 , 3676 , 3721 , 3742 ; 2019, 3860 , 3862 , 3863 ; 2021, 2384 , 2388 , 2389 )