Existing law authorizes counties, cities and towns to issue business licenses and permits to operate business within the limits of the county, city or town and to collect taxes on those licenses. (NRS 244.335, 266.355, 268.095, 269.170) Existing law also authorizes a board of county commissioners in a county whose population is 100,000 or more (currently Clark and Washoe Counties) and the governing bodies of cities within such counties to adopt ordinances regulating sidewalk vendors. (NRS 244.35481, 244.35483, 268.097991, 268.097993) Section 2 of this bill requires such a board of county commissioners that has adopted an ordinance regulating sidewalk vendors and that requires a sidewalk vendor to hold a permit or license to enter into an agreement with the city council or other governing body of each incorporated city whose population is 60,000 or more located in such a county (currently Sparks, North Las Vegas, Reno, Henderson and Las Vegas) for the establishment of a multijurisdictional business license to allow a licensed sidewalk vendor to engage in business in the county and each city. Section 3 of this bill requires a board of county commissioners in each county whose population is 100,000 or more (currently Clark and Washoe Counties) to enter into an agreement with the city council or other governing body of each incorporated city whose population is 60,000 or more in such a county for the establishment of a multijurisdictional business license to allow licensed food establishments operating as mobile units to engage in business in the county and each city. Sections 2 and 3 also require such a board of county commissioners to enter into similar agreements with the governing body of each incorporated city whose population is less than 60,000 in a county whose population is 100,000 or more (currently Boulder City and Mesquite) who chooses to enter into such an agreement. Sections 2 and 3 further require such a board of county commissioners to establish by ordinance a system for issuing the business license which sets forth the requirements for obtaining the license and the fees for the issuance and renewal of the license. Section 13 of this bill requires a city council or other governing body of an incorporated city whose population is 60,000 or more (currently Sparks, North Las Vegas, Reno, Henderson and Las Vegas) in a county whose population is 100,000 or more that has adopted an ordinance regulating sidewalk vendors and that requires sidewalk vendors to hold a permit or license to enter into an agreement with the board of county commissioners of the county in which the city is located for the establishment of a multijurisdictional business license to allow a licensed sidewalk vendor to engage in business in the county and each city. Section 14 of this bill requires a city council or other governing body of an incorporated city whose population is 60,000 or more in such a county to enter into an agreement with the board of county commissioners of the county in which the city is located for the establishment of a multijurisdictional business license to allow licensed food establishments operating as mobile units to engage in business in the county and each city. Sections 13 and 14 also require such a city council or other governing body to enter into similar agreements with the governing body of each incorporated city whose population is less than 60,000 (currently Boulder City and Mesquite) who chooses to enter into such an agreement. Sections 13 and 14 further require such city councils and governing bodies to establish by ordinance a system for issuing the business license which sets forth the requirements for obtaining the license and the fees for the issuance and renewal of the license. Existing law requires the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) and the governing body of each incorporated city whose population is 150,000 or more located in such a county (currently Henderson, Las Vegas and North Las Vegas) to enter into an agreement for the establishment of a business license to allow a licensed contractor, under certain circumstances, to engage in the business of contracting in the county and cities. (NRS 244.33501, 268.0951) Sections 5 and 15 of this bill revise the population classifications to require the board of county commissioners in each county whose population is 100,000 or more (currently Clark and Washoe Counties) to enter into: (1) an agreement with the governing body of each city whose population is 60,000 or more located within such a county (currently Sparks, North Las Vegas, Reno, Henderson and Las Vegas) for the establishment of such business licenses; and (2) similar agreements with the governing body of each incorporated city whose population is less than 60,000 (currently Boulder City and Mesquite) who chooses to enter into such an agreement. Under existing law, the definition of “sidewalk vendor” is “a person who sells food upon a public sidewalk or other pedestrian path from a conveyance.” (NRS 244.35482, 268.097992) Sections 7 and 17 of this bill expand this definition to include a person who sells merchandise upon a public sidewalk or other pedestrian path from a conveyance. Sections 9 and 19 of this bill provide that an ordinance regulating sidewalk vendors may require the sidewalk vendor to provide to the designated representative of the county or city a description of any merchandise the sidewalk vendor offers for sale. Sections 8 and 18 of this bill prohibit a board of county commissioners or governing body of an incorporated city, respectively, from enacting an ordinance which would prohibit, with certain exceptions, a sidewalk vendor from selling food or merchandise in or adjacent to a park owned or operated by the county or city. Sections 2, 3, 13, 14 and 22 of this bill provide that the information connected with the issuance of a multijurisdictional business licenses for sidewalk vending is confidential and is not a public record. Section 4 of this bill provides that the provisions of sections 2 and 3 are an exception to the authority of a board of county commissioners to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted within the county. Sections 6 and 16 of this bill limit the applicability of the provisions of sections 2 and 13 to a county whose population is 100,000 or more and a city located within such a county, respectively. Sections 10 and 20 of this bill authorize a governing body to take certain disciplinary action for violations of sections 2 and 13. Sections 11 and 21 of this bill establish certain limitations on the effect of sections 2 and 13.

Statutes affected:
As Introduced: 244.335, 244.33501, 244.35481, 244.35482, 244.35483, 244.35485, 244.35487, 244.35488, 268.0951, 268.097991, 268.097992, 268.097993, 268.097995, 268.097997, 268.097998, 239.010
BDR: 244.335, 244.33501, 244.35481, 244.35482, 244.35483, 244.35485, 244.35487, 244.35488, 268.0951, 268.097991, 268.097992, 268.097993, 268.097995, 268.097997, 268.097998, 239.010