AB180 - Revises provisions relating to local governments. (BDR 20-649)

A.B. 180 - *AB180* ASSEMBLY BILL NO. 180–ASSEMBLYMEMBER D’SILVA PREFILED FEBRUARY 2, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to local governments. (BDR 20-649) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to local governments; requiring certain boards of county commissioners and the governing bodies of certain incorporated cities, under certain circumstances, to enter into an agreement to establish a multijurisdictional business license for licensed sidewalk vendors or food establishments operating as mobile units under certain circumstances; revising the definition of the term “sidewalk vendor”; revising certain requirements relating to the regulation of sidewalk vendors; revising the applicability of a multijurisdictional business license for certain contractors; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes counties, cities and towns to issue business licenses and 1 permits to operate business within the limits of the county, city or town and to 2 collect taxes on those licenses. (NRS 244.335, 266.355, 268.095, 269.170) Existing 3 law also authorizes a board of county commissioners in a county whose population 4 is 100,000 or more (currently Clark and Washoe Counties) and the governing 5 bodies of cities within such counties to adopt ordinances regulating sidewalk 6 vendors. (NRS 244.35481, 244.35483, 268.097991, 268.097993) Section 2 of this 7 bill requires such a board of county commissioners that has adopted an ordinance 8 regulating sidewalk vendors and that requires a sidewalk vendor to hold a permit or 9 license to enter into an agreement with the city council or other governing body of 10 each incorporated city whose population is 60,000 or more located in such a county 11 (currently Sparks, North Las Vegas, Reno, Henderson and Las Vegas) for the 12 establishment of a multijurisdictional business license to allow a licensed sidewalk 13 vendor to engage in business in the county and each city. 14 Section 3 of this bill requires a board of county commissioners in each county 15 whose population is 100,000 or more (currently Clark and Washoe Counties) to 16 – 2 – - *AB180* enter into an agreement with the city council or other governing body of each 17 incorporated city whose population is 60,000 or more in such a county for the 18 establishment of a multijurisdictional business license to allow licensed food 19 establishments operating as mobile units to engage in business in the county and 20 each city. 21 Sections 2 and 3 also require such a board of county commissioners to enter 22 into similar agreements with the governing body of each incorporated city whose 23 population is less than 60,000 in a county whose population is 100,000 or more 24 (currently Boulder City and Mesquite) who chooses to enter into such an 25 agreement. Sections 2 and 3 further require such a board of county commissioners 26 to establish by ordinance a system for issuing the business license which sets forth 27 the requirements for obtaining the license and the fees for the issuance and renewal 28 of the license. 29 Section 13 of this bill requires a city council or other governing body of an 30 incorporated city whose population is 60,000 or more (currently Sparks, North Las 31 Vegas, Reno, Henderson and Las Vegas) in a county whose population is 100,000 32 or more that has adopted an ordinance regulating sidewalk vendors and that 33 requires sidewalk vendors to hold a permit or license to enter into an agreement 34 with the board of county commissioners of the county in which the city is located 35 for the establishment of a multijurisdictional business license to allow a licensed 36 sidewalk vendor to engage in business in the county and each city. 37 Section 14 of this bill requires a city council or other governing body of an 38 incorporated city whose population is 60,000 or more in such a county to enter into 39 an agreement with the board of county commissioners of the county in which the 40 city is located for the establishment of a multijurisdictional business license to 41 allow licensed food establishments operating as mobile units to engage in business 42 in the county and each city. 43 Sections 13 and 14 also require such a city council or other governing body to 44 enter into similar agreements with the governing body of each incorporated city 45 whose population is less than 60,000 (currently Boulder City and Mesquite) who 46 chooses to enter into such an agreement. Sections 13 and 14 further require such 47 city councils and governing bodies to establish by ordinance a system for issuing 48 the business license which sets forth the requirements for obtaining the license and 49 the fees for the issuance and renewal of the license. 50 Existing law requires the board of county commissioners in a county whose 51 population is 700,000 or more (currently only Clark County) and the governing 52 body of each incorporated city whose population is 150,000 or more located in such 53 a county (currently Henderson, Las Vegas and North Las Vegas) to enter into an 54 agreement for the establishment of a business license to allow a licensed contractor, 55 under certain circumstances, to engage in the business of contracting in the county 56 and cities. (NRS 244.33501, 268.0951) Sections 5 and 15 of this bill revise the 57 population classifications to require the board of county commissioners in each 58 county whose population is 100,000 or more (currently Clark and Washoe 59 Counties) to enter into: (1) an agreement with the governing body of each city 60 whose population is 60,000 or more located within such a county (currently Sparks, 61 North Las Vegas, Reno, Henderson and Las Vegas) for the establishment of such 62 business licenses; and (2) similar agreements with the governing body of each 63 incorporated city whose population is less than 60,000 (currently Boulder City and 64 Mesquite) who chooses to enter into such an agreement. 65 Under existing law, the definition of “sidewalk vendor” is “a person who sells 66 food upon a public sidewalk or other pedestrian path from a conveyance.” (NRS 67 244.35482, 268.097992) Sections 7 and 17 of this bill expand this definition to 68 include a person who sells merchandise upon a public sidewalk or other pedestrian 69 path from a conveyance. Sections 9 and 19 of this bill provide that an ordinance 70 regulating sidewalk vendors may require the sidewalk vendor to provide to the 71 – 3 – - *AB180* designated representative of the county or city a description of any merchandise the 72 sidewalk vendor offers for sale. 73 Sections 8 and 18 of this bill prohibit a board of county commissioners or 74 governing body of an incorporated city, respectively, from enacting an ordinance 75 which would prohibit, with certain exceptions, a sidewalk vendor from selling food 76 or merchandise in or adjacent to a park owned or operated by the county or city. 77 Sections 2, 3, 13, 14 and 22 of this bill provide that the information connected 78 with the issuance of a multijurisdictional business licenses for sidewalk vending is 79 confidential and is not a public record. 80 Section 4 of this bill provides that the provisions of sections 2 and 3 are an 81 exception to the authority of a board of county commissioners to regulate all 82 character of lawful trades, callings, industries, occupations, professions and 83 business conducted within the county. Sections 6 and 16 of this bill limit the 84 applicability of the provisions of sections 2 and 13 to a county whose population is 85 100,000 or more and a city located within such a county, respectively. Sections 10 86 and 20 of this bill authorize a governing body to take certain disciplinary action for 87 violations of sections 2 and 13. Sections 11 and 21 of this bill establish certain 88 limitations on the effect of sections 2 and 13. 89 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 244 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. A board of county commissioners that has 3 adopted an ordinance regulating sidewalk vendors pursuant to 4 NRS 244.35483 which requires a sidewalk vendor to hold a permit 5 or license for sidewalk vending, shall enter into an agreement in 6 accordance with the provisions of NRS 277.080 to 277.180, 7 inclusive, with the city council or other governing body of each 8 incorporated city whose population is 60,000 or more located 9 within the county and with the governing body of each 10 incorporated city located within the county whose population is 11 less than 60,000 who chooses to enter into such an agreement for 12 the establishment of a business license to authorize a person who 13 is permitted or licensed as a sidewalk vendor pursuant to this 14 section and NRS 244.35481 to 244.35488, inclusive, to engage in 15 the business of sidewalk vending within the county and each of 16 those cities. 17 2. The agreement required pursuant to subsection 1 must set 18 forth the purposes, powers, rights, obligations and responsibilities, 19 financial and otherwise, of the county and each city that enters 20 into the agreement. 21 3. Upon entering into the agreement required pursuant to 22 subsection 1, the board of county commissioners shall establish by 23 ordinance a system for issuing a business license that authorizes a 24 person who is permitted or licensed as a sidewalk vendor pursuant 25 – 4 – - *AB180* to this section and NRS 244.35481 to 244.35488, inclusive, to 1 engage in the business of sidewalk vending within the county and 2 each city that entered into the agreement pursuant to subsection 1 3 and in which the person intends to conduct business. 4 4. An ordinance adopted pursuant to subsection 3 must 5 include, without limitation: 6 (a) The requirements for obtaining the business license; 7 (b) The fees for issuance and renewal of the business license; 8 and 9 (c) Any other requirements necessary to establish the system 10 for issuing the business license. 11 5. A person who is required to hold a permit or license for 12 sidewalk vending pursuant to this section and NRS 244.35481 to 13 244.35488, inclusive, is eligible to obtain from the county a 14 business license that authorizes the person to engage in the 15 business of sidewalk vending within the county and each city 16 located in the county which enters into an agreement pursuant to 17 subsection 1 and in which the person intends to engage in the 18 business of sidewalk vending if the person meets the requirements 19 to obtain the license set forth in the ordinance adopted pursuant to 20 subsection 3. 21 6. A person who obtains a business license described in this 22 section is subject to: 23 (a) All requirements of the county or city in which the person 24 is doing business that are set forth in an ordinance regulating 25 sidewalk vendors adopted pursuant to NRS 244.35485 or 26 268.097993; and 27 (b) All other licensing and permitting requirements of the 28 State and any other counties and cities in which the person does 29 business. 30 7. Except as otherwise provided in this chapter and NRS 31 239.0115, all personal information connected to a business license 32 issued pursuant to this section is confidential and must not be 33 disclosed except as required to administer the system established 34 pursuant to subsection 3 or to comply with a state law or state or 35 federal court order. 36 Sec. 3. 1. The board of county commissioners in each 37 county whose population is 100,000 or more shall enter into an 38 agreement in accordance with the provisions of NRS 277.080 to 39 277.180, inclusive, with the city council or other governing body of 40 each incorporated city whose population is 60,000 or more located 41 within the county and with the city council or other governing 42 body of each incorporated city located within the county whose 43 population is less than 60,000 who chooses to enter into such an 44 agreement for the establishment of a business license to authorize 45 – 5 – - *AB180* a person who is both licensed as a food establishment and 1 operating as a mobile unit pursuant to chapter 446 of NRS to 2 engage in the business of operating as a mobile unit within the 3 county and each of those cities. 4 2. The agreement required pursuant to subsection 1 must set 5 forth the purposes, powers, rights, obligations and responsibilities, 6 financial and otherwise, of the county and each city that enters 7 into the agreement. 8 3. Upon entering into the agreement pursuant to subsection 9 1, the board of county commissioners shall establish by ordinance 10 a system for issuing such a business license that authorizes a 11 person who is both licensed as a food establishment and operating 12 as a mobile unit pursuant to chapter 446 of NRS to engage in that 13 business within the county and each city that entered into the 14 agreement pursuant to subsection 1 and in which the person 15 intends to conduct business. 16 4. An ordinance adopted pursuant to subsection 3 must 17 include, without limitation: 18 (a) The requirements for obtaining the business license; 19 (b) The fees for issuance and renewal of the business license; 20 and 21 (c) Any other requirements necessary to establish the system 22 for issuing the business license. 23 5. A person who is both licensed as a food establishment and 24 operating as a mobile unit pursuant to chapter 446 of NRS is 25 eligible to obtain from the county a business license that 26 authorizes the person to engage in that business within the county 27 and each city located in the county which enters into an 28 agreement pursuant to subsection 1 and in which the person 29 intends to conduct business if the person meets the requirements 30 for obtaining the business license set forth in the ordinance 31 adopted pursuant to subsection 3. 32 6. A person who obtains a business license described in this 33 section is subject to all other requirements of the county or city in 34 which the person is doing business and all other licensing and 35 permit [Text truncated for display. Full text available on LegiScan.]