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RESOLUTION NO. 99 -01 PAHRUMP TOWN BOARD Policy of Town Board Regarding: Sexually Oriented Businesses Not Receiving Liquor Licenses from Nyc County LiquOi' License Board WHEREAS, the Town Board of the unincorporated Town of Pahrump is responsible for the health, welfare and safety of the citizens of the unincorporated Town of Pahrump; and WHEREAS, the regulation of sexually oriented businesses is part of that responsibility; and WHEREAS, it has come to the attention of the Town Board of the unincorporated Town of Pahrump that individuals may be seeking a liquor license for so-called "topless bars" in the Pahrump area; and WHEREAS, N.R.S. Chapter 269 gives the County Commissioners of the County ofNye the exclusive jurisdiction over liquor establishments in Nye County; and WHEREAS, it is the desire of the Town Board of the unincorporated Town of Pahrump to restrict the growth of sexually oriented businesses in the Town of Pahrump. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump does hereby resolve as follows: That the Town Board of the unincorporated Town of Pahrump officially urges the Nye County Commissioners sitting as the Nye County Liquor Licensing Board to deny liquor licenses to establishments that propose "sexually oriented business" as an attraction for their establishment. "Sexually oriented businesses" are those businesses defined as follows: I. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines or other image producing machines, for five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". 2. "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which has a significant or substantial portion of its stock-in-trade or derives a si!,>nificant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any fonn of consideration, of anyone or more of the following: ---PAGE BREAK--- Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities". 3. "Adult Cabaret" means a bar, restaurant "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: persons who appear semi-nude or in a state of semi-nudity; live performances which are characterized by the exposure of "specified anatomical areas" or by pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". 4. "Adult motel" means a motel, hotel or similar commercial establishment which offers public accommodations, for any fonn of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television. 2 ---PAGE BREAK--- 5. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproduction which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration. 6. "Adult theater" means a theater concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities". 7. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 8. "Escort Agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. 9. "Massage Parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program. 10. "Semi-Nude Model Studio" means any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. I I. "Sexual encounter establishment" means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one 3 ---PAGE BREAK--- or more of the persons is semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. DATED this day of , 1991- PAHRUMP TOWN BOARD / . ····G7\RY I-f,Q{L1S, CflAIRMAN 4 ---PAGE BREAK--- RESOLUTION NO. 99 -02 PAHRUMP TOWN BOARD C.·cation of Public Lands Advisory Board WHEREAS, the Town Board of the unincorporated Town of Pahrump is responsible for protecting the health, welfare and safety of the citizens of the unincorporated Town of Pahrump; and WHEREAS, the disposition, use and enjoyment of public lands is an issue vital to the health, welf'are and safety of the citizens of the unincorporated Town of Pahrump; and WHEREAS, it is apparent to the Town Board of the unincorporated Town of Pahrump that there is no politically appointed body responsible for overseeing the use and enjoyment of public lands in Nye County, Nevada; and WHEREAS, it is vital that such a puhlic body exist; and WHEREAS, the questions of use, enjoyment and disposition of public lands are so broad based as to require community wide participation; and WHEREAS, it is the desire of the Town Board of the unincorporated Town of Pahrump to create and oversee the establishment and conduct of such an Advisory Board. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump does hereby resolve as follows: I. That the Town Board of the unincorporated Town of Pahrump hereby specifically create an advisory board to be known as the "Public Lands Advisory Board". ---PAGE BREAK--- 2. That the duties, responsibilities and by-laws of this Advisory Board shall be determined hy the Town Board of the unincorporated Town of Pahrump upon its creation. That the Town Board of the unincorporated Town of Pahrump take all necessary steps to make appointments to this Advisory Board which reflect the community wide interest and scope thereof /lti DATED this U C day 0 ,1999. 0 TIMOTHY LEA VlTT, MEMBER ---PAGE BREAK--- RESOLUTION NO. 99 -03 PAHRUMP TOWN BOARD Creation of Nuclear Waste Advisory Board WHEREAS, the Town Board of the unincorporated Town of Pahrump is responsible for protecting the health, welfare and safety ofthe citizens of the unincorporated Town of Pahrump; and WHEREAS, federal and state authorities are in the process of making plans and decisions regarding the disposal of nuclear waste; and WHEREAS, said plans and decisions will impact the area in the immediate vicinity of the Pahrump Valley; and WHEREAS, it is in the best interests of the unincorporated Town of Pahrump and the citizens thereof to be informed, aware and prepared for decisions regarding the disposal of nuclear waste; and WHEREAS, the Town Board of the unincorporated Town of Pahrump is the proper authority to take measures to this end; and WHEREAS, it is the desire of the Town Board of the unincorporated Town of Pahrump to create and oversee the establishment and conduct of such an Advisory Board. NOW, THEREFORE, the Town Board ofthe unincorporated Town of Pahrump does hereby resolve as follows: I. That the Town Board of the unincorporated Town of Pahrump hereby specifically create an advisory board to be known as the "Nuclear Waste Advisory Board". ---PAGE BREAK--- 2. That the duties, responsibilities and by-laws of this Advisory Board shall be determined by the Town Board of the unincorporated Town of Pahrump upon its creation. 3. That the Town Board of the unincorporated Town of Pahrump take all necessary steps to make appointments to this Advisory Board which reflect the community wide interest and scope thereof DATED this}3 day of iit1Uui'?! J , 1999. ATTEST._ . '9 , ; I a'VZ ~ ED BISHOP, MEMBER ~ESGRONDA,CLERK 4~O~ MARY Jl'ILSON, MEMBER TIMOTHY LEAVITT, MEMBER ---PAGE BREAK--- RESOLUTION NO. 99 -04 PAHRUMP TOWN BOARD Creation of Airport AdvisOI), Board WHEREAS, the Town Board of the unincorporated Town of Pahrump is responsible for protecting the health, welfare and safety of the citizens of the unincorporated Town of Pahrump; and WHEREAS, the rapid growth of the population of the Pahrump Valley has made necessary the study and planning of airport facilities, if necessary, for the unincorporated Town of Pahrump; and WHEREAS, the Town Board of the unincorporated Town of Pahrump is the proper authority to take measures to this end; and WHEREAS, it is the desire of the Town Board of the unincorporated Town of Pahrump to create and oversee the establishment and conduct of such an Advisory Board. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump does hereby resolve as follows: p -GARY 1. That the Town Board of the unincorporated Town of Pahrump hereby specifically create an advisory board to be known as the" Airport Advisory Board". 2. That the duties, responsibilities and by-laws of this Advisory Board shall be determined by the Town Board of the unincorporated Town of Pahrump upon its creation. 3. That the Town Board of the unincorporated Town of Pahrump take all necessary steps to make appointments to this Advisory Board which reflect the community wide interest and scope thereof D A TED this J day of (eLf.L:; ;i-i , 1999. PTOWNBOARD OL"LIS, CHAIRMAN , CJ CHARLESGRONDA,CLERK • ) ~CVU//(Jc~ ED BISHOP, MEMBER MARY Wf'LSON, MEMBER TIMOTHY LEAVITT, MEMBER ---PAGE BREAK--- RESOLUTION NO. 99 -05 PAHRUMP TOWN BOARD Cn~ation of Economic Development Advisorv Board WHEREAS, the Town Board of the unincorporated Town of Pahrump is responsible for protecting the health, welfare and safety of the citizens of the unincorporated Town of Pahrump; and WTIEREAS, the rapid growth of the population of the Pahrump Valley has made necessary the study and planning of the economy, economic and economic benefits for the unincorporated Town of Pahrump; and WHEREAS, the Town Board ofthe unincorporated Tmvn of Pahrump is the proper authority to take measures to this end; and WHEREAS, it is the desire of the Town Board of the unincorporated Town of Pahrump to create and oversee the establishment and conduct of such an Advisory Board. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump does hereby resolve as follows: I. That the Town Board of the unincorporated Town of Pahrump hereby specifically create an advisory board to be known as the "Economic Development Advisory Board". 2. That the duties, responsibilities and by-laws of this Advisory Board shall be determined by the Town Board of the unincorporated Town of Pahrump upon its creation. That the Town Board of the unincorporated Town of Pahrump take all necessary steps to make appointments to this Advisory Board which reflect the community wide interest and scope thereof. --ttl DATED this,;}! day of LUclk{Yr,rj, d , 1999. P~WNBOARD GARY HC)J:.1IS,'CHAIRMAN CHARLES GRONDA, CLERK ~£iJ~ MARY WlsON, MEMBER ED BISHOr: MEMBER y . ~ • ui1 :::---'L:vvvL/D TlMonfy LEAVITT, MEMBER ---PAGE BREAK--- RESOLUTION NO. 99-06 PAHRUMP TOWN BOARD O'eation of Pahrump Ambulance Fund WI-fEREAS, the Town of Pahrump has taken over the ownership and day to day operation, management, upkeep, planning and development of the Nye County Ambulance Service located in the unincorporated Town of Pahrump from the County ofNye; and WHEREAS, it is now the desire of the Town Board of the Town of Pahrump to designate the expenditure of revenues received pursuant to said ownership for a particular purpose; NOW, THEREFORE, the Town Board of the Town of Pahrump does hereby resolve as follows: I. That a fund be designated "Ambulance Fund" for the receipt of all revenues received by the Town of Pahrump from any and all activities of the Pahrump Ambulance. That the purpose of this fund is to ensure the orderly management, upkeep, planning and development of all matters relating to ambulance services in the Town of Pahrump. 2. The source of the money to be placed in the fund shall be all revenues derived from activities of the PahrumpAmbulance as aforestated. 3. The fund shall be spent on day to day expenses incurred by the Town of Pahrump in the management, upkeep, planning and development, including labor, of the Pahrump Ambulance. 4. The balance, reserve and retained earnings of this fund shall be placed in the general fund of the unincorporated Town of Pahrump and used as the Town Board of the Town of Pahrump shall, in their judgement see fit. 5. The Town Board of the Town of Pahrump anticipates no deficiency in the balance, reserve or retained earnings of this fund. However, if a deficiency should occur, this deficiency will be cured by transferring revenue from the contingency fund of the general fund of the Pahrump Town Budget. ---PAGE BREAK--- 6. The fund shall be reviewed by the town's accountant no! less than quarterly, who will determine whether the balance, reserve and retained earnings of the fund are reasonable and necessary to carry out the purposes of the fund as herein stated. The town accountant shall report his determinations to the Town Board again, not less than quarterly. 7. The statutes and regulations applicable to this fund are: NRS Chapter 269 If NRS Chapter 450B If DATED this day of llJ;/df.<'d'/ ~ , 1999. P MI~UM! TOWN B?ARD - , ~ ED BISIIOP, MEMBER TIMOTHY LEAVITT, MEMBER ~ARLESGRONDA,CLERK ---PAGE BREAK--- Resolution No. 99-07 PAHRUMP TOWN PAHRUMP TOWN BOARD COUNTY OF NYE STATE OF NEVADA RESOLUTION SUPPORTING THE SITING IN PAHRUMP OF COMMUNITY COLLEGE OF SotJTHERN NEVADA'S PROPOSED HIGH TECH IWUCATIONAL CENTER WHEREAS, the Pahrump Town Board, "Board" has been advised that the Community College of Southern Nevada is in the process of Siting a High Tech Center in Pahrump; and WHEREAS, the Board further has been advised that Roy Neighbors and State Senator Mike McGinnis have introduced appropriations legislation to fund the establishment of such a rural education center; and WHEREAS, a legislative task force comprised of Nyc County citizens are encouraging the Nevada State Legislature to support the funding and establishment of a rural education center and its siting in Pahrump; and WHEREAS, the Board would support a large delegation from Pahrump attending Legislative hearings; and WHEREAS, the Board believes that the proposed High Tech center would benefit the residents of Pahrump and Nye County by providing advanced and comprehensive computer training facilities and classroom space for high school, college and adult students, as well as teleconferencing capabilities in Nye and Esmerelda Counties; and WHEREAS, the Board further believes that the siting in Pahrump of the proposed educational faCility would enhance the quality of life in the Pahrump Valley, and Nye County. NOW THEREFORE, it is hereby resolved as follows: ---PAGE BREAK--- I. The Pahrump Town Board supports the siting in Pahrump of the Community College of Southern Nevada's proposed High Tech Center. 2. The Pahrump Town Board urges the Nevada State Legislature to fund the establishment of the High Tech Center and, further, requests the Legislature to support the establishment of that educational facility in Pahrump. 3. The Town Board Clerk forthwith shall forward a copy of this Resolution to each member of the 1999 Nevada State Legislature. DATED this day of YllaJu'/".,! , 1999. PROPOSED on the day of , 1999 by ABSENT: ABSTENTIONS: , 1999. ---PAGE BREAK--- RESOLUTION NO, 99-08 l'AHRUMP TOWN BOARD Creation of Pahrump Ambulance Fund Capitoll'l'oiect WHEREAS, the Town of Pahrump has tal;r:iny; in the requr;: 0ftll2 Di:::tT"j,-:t to the General's Office br a~sjs.t:H~ce \\-itll reS:1rd to th2.1 n27.lE'r: arc \\~nl£A.S, Il'it ?\ye County Distri:t A!tom.:y'~ Offi,:t" hitS fc.qu2;red rhe To\'m BOiHd of the llr.iI>~·0rp~)J~'HCcl Tc"-n c,f Pahrump to jol.n with the- Distri.:~t ,-\tt0rn8/~~ O!li::e if: re:.p...,estin.:t the in\('sIig<:!tic'fi rr:i1tkr in.,..-d"oil:; I>.lichat! Cosg..-ov(', \'lith l.hcl'J1cersla:lc:ng tlut the of Pahri.tl:np reimt>i!f~e the Att'Jrr~e'y G·::'ne-1"2J for ~xpense5 incurred THEREFORE, the To'\.'n B;')3rdofth.;; un1ncorp'::H.:lh:d TO',\'I1 ofPcihmrr.p dc'cs h,;r;;;by rescll(:c ["!os follc\\\'5 Th.)t J~ her!"~0> j(\trl$ \vith tl1e C:"Ullry Di5[!,-icI ,Attorney in n:'(p :t:":;!inJ i.h:2 :\.ttorr:ey Gerl2r::..l to pn.:"ce,Ed \\ith t::l€ rn-."eSllg::ii:10il ;n~c the: :mc:tter im"o[" E1g ?viicha.~;J C ;)sgJ.Y~'t;, DATED this day of _ .1999. PAHRCl\lP BOARD ATTEST G4.R Y !-IOL.LI), CH';!R.\lAN CHARLES GROI\1H. CLER.K ED BISHO?, \!E\fBE:, TIMOTHY LEA YIn. ME\lBER ---PAGE BREAK--- RESOLUTION NO. 99 -13 PAHRUMP TOWN ROARD To pnlvidc rOl· the of Amhnlance Funds 'wid in Towli :lCCOlillt at Nevada State Balli< ollee a month to the Nyc Treasnrer's Account O!!bL aml providing that the Town Manager advise the Town Board of the date and amoullt of said transfer to Nyc WHEREAS, the Town Board of the unincorporated Town of Pahrump has exclusive jurisdiction regarding all monies received by the Town of Pahrump; and WHEREAS, there currently exists a bank account with the Nevada State Bank in which ambulance funds are deposited; and WHEREAS, it is the obligation of the Town Board of the unincorporated Town of Pahrump to transfer said funds to Nye County on a periodic basis for accounting purposes; and \VHEREA.S, prudent accounting purposes so dictate. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump does hereby resolve as follows: 1. That the ambulance funds held in the account of the Town of Pahrump at Nevada State Bank be transferred to the Nye County Treasurer's Account once each month and that the Town Manager shall advise the Town Board when such transfer occurred and the amount of said transfer. 2. That Nevada State Bank is hereby instructed that funds in the Ambulance Account of the Town of Pahrump shall only be transferred to the Nye County Treasurer's Account and to no other account whatsoever. DATED this day of O~ ,1999. ED ocsl1op, MEMBER ~ ~l1~ , ) TIMOTH.Y LEAVITT, MEMBER ---PAGE BREAK--- RESOLUTION NO, 99 -14 PAHRUMP TOWN BOARD A uthorizing acting Town Manager to negotiate all operating agl'eement for utility services in the Mountain Falls Development WHEkEAS, the Town Board of the unincorporated Town of Pahrump is responsible for protecting the health, welfare and safety of the citizens of the unincorporated Town of Pahrump; and WHEREAS, the Town Board of the unincorporated Town of Pahrump is desirous in initiating owning and operating a water utility within the unincorporated Town of Pahrump; and WHEREAS, the E. A. Collins Development Corporation, developer of the Mountain Falls Development provides an opportunity for the Town of Pahrump to initiate and acquire said water utility. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump does hereby resolve as follows: I. That the Town Board hereby authorizes the acting Town Manager to negotiate an operating agreement for utility services in the Mountain Falls Development. The intent of this agreement and this Resolution is to have the Town designated as the operator of the utility services in the Mountain Falls Development owned by E. A. Collins Development. This Agreement will be reviewed by the town attorney and will cover operation of the systems during the interim construction period and the dedication to the Town of Pahrump. Any Agreement is subject to the final approval by the Pahrump Town Board. DATEDthis_t£TII day of 1999. ED BISHOP, MEMBER MARY W ON, MEMBER