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BILL NO. 95-02 AMENDMENT TO PHRUMP TON ORDINANCE NO. 35 AN ACT AMENDING ORDINANCE NO. 35 PROVIDING FOR THE VOLUNTARY DISCLOSER OF AN APPLICANT’S SOCIAL SECURITY NUMBER, EXCEPT WHEN APPLICATION IS FOR A CHILD CARE PROVIDER OR RELATED CHILD CARE SERVICES; CHANGIN THE EXCEPTIONS FOR LICENSING TO LESS THAN $10,000 IN TOTAL GROSS INCOME FOR PREVIOUS CALENDAR YEAR OR ESTIMATE FOR NEXT CALENDAR YEAR; AND PROVIDING FOR OTHER MATTERS PROPERLY RELTED THERETO. THE TOWN BOARD OF THE UNINCORPORATED TOWN OF PAHRUMP, NYE COUNTY, NEVADA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Pahrump Town Ordinance No. 35 is hereby amended by adding Section 35.090 as follows: Nothing in this Ordinance shall require an individual to disclose a Social security Number except as a voluntary act on the part of the Applicant. This exception does not apply to any person obtaining a license as a child care provider or as a child care related service. In these sole instances the providing of a Social Security Number by the Applicant shall be mandatory. SECTION TWO: Pahrump Town Ordinance No. 35 at Section 35.100 is hereby amended to read as follows: A person performing any service or offering any product on a casual basis and not as a full-time occupation which business has for the previous calendar year earned less than $10,000.00 in total gross income and whose estimate of gross income for the next calendar year is less than $10,000.00 SECTION THREE: SEVERABILITY. Every Section of this ordinance, and every part of each section hereof is hereby declared to be independent of each other and parts of sections, and the holding of any section or any part thereof to be voided or ineffective for any cause, shall not be deemed to affect, nor shall it affect any other section or part of section contained in this ordinance. SECTION FOUR: REPEAL OF CONFLICTING ORDINANCES. All ordinances, parts of ordinances, or chapters, sections, subsection or paragraphs or resolutions previously adopted by the Pahrump Town Board which are in conflict herewith are hereby repealed. SECTION FIVE: EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, adoption and second publication in the Pahrump Valley Times, a newspaper printed and published within the County of Nye, State of Nevada. Proposed on the 28th day of March, 1995. Proposed by Board Member Steve Rainbolt. Passed on the 25th day of April, 1995. Vote passed, 4-0. Ayes: Perry Thompson James Lee Steve Rainbolt Charlotte LeVar Attest: Perry Thompson – Town Clerk ---PAGE BREAK--- BILL NO. 98-01 AMENDMENT TO PAHRUMP TOWN ORDINANCE NO. 35 AN ACT AMENDING PAHRUMP TOWN ORDINANCE NO. 35 TO PROVIDE A REDUCTION OF THE ANNUAL BUSINESS LICENSE FEE FROM $50.00 TO $40.00 AND REPEALING ALL PROVISIONS INCONSISTENT HERETO; AMENDING SECTION 35.200 LICENSE FEES; PROVIDING FOR SEVERABILITY; REPEAL; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the Town Board of Pahrump has determined that the revenues from the business license fees are sufficient to meet the needs of the Town of Pahrump, and WHEREAS, the Town Board of the Town of Pahrump has determined that it is in the best interest of the business community of the unincorporated Town of Pahrump to lower the business license fee. NOW, THEREFORE, THE TOWN BOARD OF THE UNINCORPORATED TOWN OF PAHRUMP, NYE COUNTY, NEVADA DOES ORDAIN FOLLOWS: That Pahrump Town Ordinance No. 35, enacted on February 22, 1994 and amended on April 25, 1995, be and hereby is amended as follows: Section 35.200(A) is hereby amended by changing “annual fee of $50.00” to “annual fee of $40.00”. SEVERABILITY. Every Section of this ordinance, and every part of each section hereof is hereby declared to be independent of each other and parts of sections, and the holding on any section or any part thereof to be voided or ineffective for any cause, shall not be deemed to affect, nor shall it affect, andy other section or part of section contained in this ordinance. REPEAL. All ordinances, parts of ordinances, or chapters, sections, subsections or paragraphs or resolutions previously adopted by the Pahrump Town Board which are in conflict herewith are hereby repealed. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, adoption and second publication in a newspaper printed and published within the Town of Pahrump, County of Nye, State of Nevada. Proposed on the 14th day of April, 1988. Proposed by all Town Board Members. passed on the 12th day of May, 1998. Vote passed, 4-0. Ayes: Charles G. Holly Steve Rainbolt Charles Gronda Charlotte LeVar Absent: Robert Little Attest: Charles Gronda ---PAGE BREAK--- BILL NO. 04- THIRD AMENDMENT TO PAHRUMP TOWN ORDINANCE NO. 35 AN ACT AMENDING PAHRUMP TOWN ORDINANCE NO. 35 TO REPEAL A PORTION OF THE APRIL 25, 1995 AMENDMENT WHICH MADE DISCLOSURE OF SOCIAL SECURITY NUMBERS PERMISSIVE; TO REPEAL THE MAY 12. 1998 AMENDMENT CHANGING THE BUSINESS LICENSE FEE FROM $50.00 TO $40.00; TO ADD A FEE FOR REPLACEMENT OF A BUSINESS LICENSE AND A FEE FOR REISSUANCE OF A LICENSE DUE TO CHANGE OF ADDRESS; AND TO AMEND 35.220(A) TO REQUIRE A $5.00 FEE FOR NONPROFIT PERMITS; PROVIDING FOR REPEAL; SEVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the Town Board of the unincorporated Town of Pahrump has reviewed the business license fee and has determined that the revenue from the fee is insufficient to meet the needs to the Town of Pahrump, and WHEREAS, the Town Board of the unincorporated Town of Pahrump has determined that the requirements of Nevada law have changed since the adoption of April 25.1995 amendment to Pahrump Town Ordinance no. 35. Specifically, NRS 269.173 mandates that an application of the issuance of a license, permit or certificate or practice a profession or occupation pursuant to NRS 269.170 must include the social security number of the applicant. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump, Nye County, Nevada, does hereby ordain as follows: REPEAL OF PORTION OF APRIL 25, 1995 AMENDMENT. The Amendment to Pahrump Town Ordinance which added Section 35.090(D) stating that: Nothing in this Ordinance shall require an individual to disclose a Social Security Number except as a voluntary act on the part of the Applicant. This exception does not apply to any person obtaining a license as a child care provider or as a child care related service. In these sole instances the providing of a Social Security Number by the Applicant shall be mandatory. REPEAL OF MAY 12, 1998 AMENDMENT. The Amendment to Pahrump Town Ordinance No. 35 passed on May 12, 1998 which reduced the business license fee from $50.00 contained in Pahrump Town Ordinance section 35.200 passed on the 22nd day of February, 1994 is hereby reinstated. 35.200(B) shall be added stating: A fee of $5.00 shall be paid for the replacement of a business license, for any reason. 35.200(C) shall be added stating: A fee of $5.00 shall be paid for the reissue of a business license due to change of physical or mailing address at a time other then renewal. 35.200(A) shall be amended reading: Nonprofit permits may be issued to any person or organization without profit primarily to further eleemosynary, public, charitable, educational, library, fraternal, or religious purpose for a fee of $5.00. REPEAL. All ordinances, parts of ordinances, or chapters, sections, or paragraphs or resolutions previously adopted by the Pahrump Town Board which are in conflict herewith are hereby repealed. ---PAGE BREAK--- SEVERABILITY. Every section of this ordinance and Amendment, and every part of every section hereof is hereby declared to be independent of every other section and part of section. The holding of any section or part of section void does not affect the validity of any other section or part. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, adoption, and second publication in a newspaper printed and published within the Town of Pahrump, County of Nye, State of Nevada. THIRD AMENDED BUSINESS LICENSE ORDINANCE Passed on 8th day of June, 2004 Vote Passed, 5-0. Ayes: Richard Billman Charlotte LeVar Ed Bishop Paula Glidden Jeanna Howard Attest: Charlotte Le Var ---PAGE BREAK--- FOURTH AMENDEMENT TO PAHRUMP TOWN ORDINANCE NO. 35 A FOURTH ACT AMENDING PAHRUMP TOWN ORDINANCE NO. 35 TO ADD ADDITIONAL ENFORCEMENT PROVISIONS; REPEALING ALL PROVISIONS INCONSISTENT HERETO; PROVIDING FOR SEVERABILITY; REPEAL; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the Town Board of the unincorporated Town of Pahrump has reviewed the business license enforcement provisions and has determined that additional sections are necessary for adequate enforcement. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump, Nye County, Nevada , does hereby ordain as follows: AMENDING SECTION 35.210(E) AND ADDING SECTIONS 35.230(C) AND Should said payment be more than ten (10) days late, but less than thirty (30) days late, a penalty fee of twenty-five ($25.00) shall be added to the renewal fee. Should said payment be thirty-one (31) to sixty (60) days or less late, a penalty fee of fifty ($50.00) shall be added to the renewal fee. The Amendment to Pahrump Town Ordinance which added Section 35.230 and stating: 35.260(C) Delinquency, Reinstatement, and Special fees. For the purpose of this section only, “due date” is defined as the day on which license renewal fees are due, and is the last day of the current licensing period on all licenses covered in this Ordinance. All licenses for which the fees have not been received within sixty-one (61) days after the due date shall be deemed revoked and the business must cease operation until the business obtains a valid business license either by reinstatement or approval of a new application. Any license for which the fees have not been received within sixty-one (61) days of the due date may be reinstated within the current license cycle and with the payment of: all delinquent license fees; and an additional reinstatement penalty of fifty dollars ($50.00). In addition, all other applicable requirements must be satisfied. If the payment is not received within the license cycle, a new license is reinstated. In all cases where a business license that is required by this Ordinance has not been obtained before a business is commenced, a penalty of one hundred dollars ($100.00) shall be imposed and must b e received before a business license is issued. Also, licensing fees for all prior licensing cycles for which the business operated without the benefit of licensure must be received before a business license is issued. Any person making payment for license fees or penalties with a check that is returned to the department due to non-sufficient funds or an account closed status shall pay an augmentation fee of twenty-five dollars along with the outstanding fees and/or penalties. 35.230(D) Tax collection by civil action. Any license tax imposed by this Ordinance shall be deemed a debt due the Town payable by any person who commences, carries on, engages in, or conducts any business, for which a competent jurisdiction for the recovery of the amount of license tax, penalties and interest imposed by this Ordinance, and for the costs of suit and reasonable attorney’s fees. ---PAGE BREAK--- SEVERABILITY. Every section of this Ordinance and Amendment, and every part of every section hereof is hereby declared to be independent of every other section and part of section. The holding of any section or part of section void does not affect the validity of any other section or part. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, adoption, and second publication in a newspaper printed and published within the Town of Pahrump, County of Nye, State of Nevada. FOURTH AMENDED BUSINESS LICENSE ORDINANCE Proposed on the 13th day of July, 2004 Proposed by Town Board Member Passed on the 24th day of August, 2004 Vote passed, 4-0. Ayes: Charlotte LeVar Paula Glidden Jeanna Howard Richard Billman Absent: Ed Bishop ---PAGE BREAK--- PAHRUMP TOWN ORDINANCE NO. 52 FIFTH AMENDMENT TO PAHRUMP TOWN ORDINANCE NO. 35 A FIFTH ACT AMENDING PAHRUMP TOWN ORDINANCE NO. 35; TO CHANGE THE ANNUAL BUSINESS LICENSE RENEWAL DATE TO THE ANNIVERARY OF THE START DATE OF THE INDIVIDUAL BUSINESS. WHEREAS, the Town Board of the unincorporated Town of Pahrump has reviewed the provisions of the business license date(s) of expiration and has determined changes in the section are necessary to facilitate effective use of man hours and issuance of licenses ina timely manner. NOW, THEREFORE, the Town Board of the unincorporated Town of Pahrump, Nye County, Nevada, does hereby ordain as follows: AMENDING SECTION 35.190 35.190 LICENSE TERM: All licenses issued pursuant to the provisions of this Ordinance shall be subject to payment of the required licensing fees and shall be renewed each year, by the anniversary of the start date of each individual license issued. EFFECTIVE DATE. This ordinance shall be in full force and effect from after its passage, adoption, and second publication in a newspaper printed and published within the Town of Pahrump, Nye County, State of Nevada. Proposed on the 11th day of April, 2006 Adopted on the 9th day of May, 2006 Vote passed, 4-0 Attest: Richard Billman – Chairman Paul Willis – Town Clerk