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City Council Special MeetingCity Council Chambers - City Hall

10 E Mesquite Blvd.TUESDAY, OCTOBER 16, 2018 - 2:00 PM

Below is an agenda of all items scheduled to be considered. Unless otherwise stated, items may be taken out of theorder presented on the agenda at the discretion of the Mayor and Council. Additionally, the Mayor and Council maycombine two or more agenda items for consideration, and may remove an item from the agenda or delaydiscussion relating to an item on the agenda at any time. Public comment is limited to three minutes per person.

Public Comments1. Public Comment

Cover Sheet

Administrative2. Consideration of approval to revoke the Virgin Valley Vapor Shop Business

License.

- Public Hearing- Discussion and Possible ActionCover Sheet

Summons.pdf

Complaint.pdf

Licensee's Answer to Complain.pdf

Public Comment3. Public Comment

Cover Sheet

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Adjournment4. Adjournment

Cover Sheet

Note: Please be advised that the Standing Rules of the City Council are attached for your information. The StandingRules govern the conduct of City Council Meetings. These Standing Rules may be acted upon and utilized by theMayor and City Council at any City Council Meeting.

To obtain any or all supporting materials for this Agenda, please contact the Clerk's Office at 702-346-5295.

Members of the public who are disabled and require special assistance or accommodation at the meeting arerequested to notify the City Clerk’s Office -City Hall in writing at 10 E. Mesquite Blvd., Mesquite, NV, 89027 or bycalling 346-5295 twenty-four hours in advance of the meeting.

THIS NOTICE AND AGENDA HAS BEEN POSTED ON OR BEFORE 9:00 AM ON THE THIRD WORKING DAY BEFORE THEMEETING AT THE FOLLOWING LOCATIONS: 1. Mesquite City Hall, 10 E. Mesquite Blvd., Mesquite, Nevada2. Mesquite Community & Senior Center, 102 W. Old Mill Road, Mesquite, Nevada3. Mesquite Post Office, 510 W. Mesquite Blvd., Mesquite, Nevada4. Mesquite Library, 121 W. First North, Mesquite, Nevada

The agenda is also availab le on the Internet at http://www.mesquitenv.gov and http://nv.gov

In accordance with Federal law and U.S. Department of Agriculture policy, the City of Mesquite is prohibited fromdiscriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint ofdiscrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC20250-9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).

RULES OF PROCEDURE

1. Authority

1.1 NRS 266.240 provides that the Council may determine its own rules of procedure for meetings. The following set ofrules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted in themanner provided by these rules.

2. General Rules

2.1. Public Meetings: All meetings of the Council shall be open to the public, expect those provided in NRS 241 and 288. Theagenda and backup material shall be open to public inspection in the City Clerk’s Office.

2.2 Quorum: A majority of the members of the Council shall constitute a quorum and be necessary for the transaction ofbusiness. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

2.3 Compelling Attendance: The Council may adjourn from day to day to compel attendance of absent members.

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2.4 Minutes: A written account of all proceedings of the Council shall be kept by the City Clerk and shall be entered into theofficial records of the Council.

2.5 Right to Floor: Any member desiring to speak shall be recognized by the chair, and shall confine his remarks to the itemunder consideration.

2.6 City Manager: The City Manager or his designee shall attend all meetings of the Council. The City Manager may makerecommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote.

2.7. City Attorney: The City Attorney or Deputy City Attorney shall attend all meetings of the Council and shall, uponrequest, given an opinion, either written or verbal, on questions of the law.

2.8 City Clerk: The City Clerk or Deputy City Clerk shall attend all meetings of the Council and shall keep the officialminutes and perform such other duties as required by the Council.

2.9 Officers and Staff: Department heads of the City, when there is pertinent business from their departments on the Councilagenda, shall attend such Council meetings upon request of the City Manager.

2.10 Rules of Order: “Roberts Rules of Order Newly Revised” 10th Edition shall govern the proceedings of the Council in allcases, provided they are not in conflict with these rules.

3. Types of Meetings

3.1 Regular Meeting: The Council shall meet in the Council Chambers for all regular meetings. Regular Council meetings willbe held on the second and fourth Tuesday of each month. If the second or fourth Tuesday falls on or near a holiday or falls on anyday wherein it is determined a quorum may not be available, the Council may provide for another meeting time.

3.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the City Council. The call for aspecial meeting shall be filed with the City Clerk in written form, expect that an announcement of a special meeting during anyregular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meetingshall specify the day, the hour, and the location of the special meeting and shall list the subject or subjects to be considered.

3.3 Adjourned Meeting: Any meeting of the Council may be adjourned to a later date and time, provided that no adjournmentshall be for a longer period than until the next regular meeting.

3.4 Workshop and Study Sessions: The Council may meet in workshops or study sessions to review upcoming projects,receive progress reports on current projects, or receive other similar information from the City Manager, provided that alldiscussions thereon shall be informal and open to the public.

3.5 Executive Sessions: Closed meetings may be held in accordance with NRS 241 and 288.

4. Duties of Presiding Officer

4.1 Presiding Officer: The Mayor, if present, shall preside at all meetings of the Council. In the Mayor’s absence, theMayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council members present shall elect aPresiding Officer.

4.2 Preservation of Order: The Presiding Officer shall preserve order and decorum; prevent attacks of a personal nature orthe impugning of members’ motives, and confine members in debate to the question under discussion.

4.3 Points of Order: The Presiding Officer shall determine all points of order, subject to the right of any member to appeal tothe Council. If any appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?”

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5. Order of Business and Agenda

5.1 Agenda: The order of business of each meeting shall be as contained in the agenda in accordance with NRS 241 preparedby the City Clerk and approved by the City Manager. The agenda shall be delivered to members of the Council at least three (3)working days preceding the meeting to which it pertains.

5.2 Special Interest/Presentation Items: Unless otherwise approved by the City Manager, and in order to provide for theeffective administration of City Council business, a maximum of four (4) items of special interest or presentation shall be scheduledon one agenda. Special Interest/Presentation items must appear on the agenda and it is not appropriate for presentations to bemade during the public comment portion of the meeting.

6. Creation of Committees, Boards and Commissions

6.1 Resolution: The Council may by resolution create committees, boards, and commission to assist in the operation of theCity government with such duties as the Council may specify, which shall not be inconsistent with law.

6.2 Membership and Selection: Membership and selection of members shall be as provided by the Council if not specified bylaw. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose forwhich it was created, as provided in the initial resolution, or when abolished by a majority vote of the Council. No committee,board or commission shall have powers other than advisory to the Council or to the City Manager, except as otherwise providedby law.

6.3 Removal: The Council may remove any member which they have appointed to any board, committee or commission bya vote of at least a majority of the Council. Such appointed members will be removed automatically if they fail consistently (threeor more unexcused absences) to attend meetings.

7. Voting

7.1 All voting procedures shall be in accordance with Parliamentary Authority.

7.2 Point of Order: Any Council member may raise a Point of Order if s/he perceives a breach of the Council’s proceduralrules and insists on the enforcement of the rule by the Presiding Officer. A Point of Order take precedence over any main motion,is not debatable, is not amendable, but may be superseded by a motion to table the item over which the Point of Order was raised,and is ruled on immediately by the Presiding Officer.

7.3 Point of Information: This is a request by a Council member, directed to the Presiding Officer or appropriate individualfor information relevant to the pending item. A Point of Information takes precedence over a main motion, is not debatable, is notamendable, is not superseded by other motions, and is ruled on for appropriateness by the Presiding Officer.

7.4 Abstentions: A member may abstain from voting for any reason s/he deems appropriate.

7.5 Failure of Affirmative Motion: The failure of a motion calling for affirmative action is not the equivalent of the passage ofa motion calling for the opposite negative action. The failure of such affirmative motion constitutes no action.

7.6 Failure of Negative Motion: The failure of a motion calling for a negative action is not the equivalent of the passage of amotion calling for the opposite affirmative action. The failure of such a negative motion constitutes no action.

7.7 Lack of Passage of a Motion: In some instances (maps in particular, per NRS) lack of passage of a motion may result inthe item being “deemed approved.” In other instances no action may result in confusion and complication for the applicant. In allcases the City Council will strive to achieve a decision or action.

8. Citizens’ Rights

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8.1 Addressing the City Council: Any person desiring to address the Council by oral communication shall first secure thepermission of the Presiding Officer.

8.2 Time Limit: Each person addressing the Council shall step to the microphone, shall give his/her name and residenceaddress in an audible tone of voice for the record and, unless further time is granted by the Presiding Officer, shall limit the time ofhis/her comments to three (3) minutes.

8.3 Public Comment Content: The presiding officer or the majority of City Council may prohibit comment if the content ofthe comments is a topic that is not relevant to, or within the authority of, the public body, or if the content of the comments iswillfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or amounting topersonal attacks or interfering with the rights of other speakers.

8.4 Disruptive Conduct: Any person who willfully disrupts a meeting to the extent that its orderly conduct is madeimpractical may be removed from the meeting by order of the Presiding Officer or majority of the City Council. A person willfullydisrupts a meeting when s/he (1) uses physical violence, threatens the use of physical violence or provokes the use of physicalviolence, or (2) continues to use loud, boisterous, unruly, or provocative behavior after being asked to stop, which behavior isdetermined by the Presiding Officer or a majority of the City Council present to be disruptive to the orderly conduct of themeeting, or (3) fails to comply with any lawful decision or order of the Presiding Officer or of a majority of the City Councilrelating to the orderly conduct of the meeting.

8.5 Written Communications:a. In General: Interested parties or their authorized representatives may address the Council by written communication inregard to any matter concerning the City’s business or over which the Council has control at any time by direct mail to Councilmembers, email, or by addressing it to the City Clerk and copies will be distributed to the Council members. b. At City Council Meetings: Except as provided in subsection c, written communications will not be read at City Councilmeetings, but will be attached to the item as part of the record, tallied, and reported by the City Clerk as generally in favor of oragainst the proposition.c. Exceptions: A written communication to the City Council may be read by City staff at a City Council meeting when (1)the person making the written communication has asked it be read aloud, (2) the person is unavailable to be at the meeting due toemergency or illness, (3) the written communication can be read in an ordinary cadence within three minutes, and (4) the person’sname appears on the written communication and will be read into the record.

9. Suspension and Amendment of These Rules

9.1 Suspension of these Rules: Any provision of these rules not governed by law may be temporarily suspended by amajority vote of the City Council.

9.2 Amendment of these Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of theCity Council, provided that the proposed amendments or new rules have been introduced into the records at a prior City Councilmeeting.

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City Council Agenda Item 1

Submitted by: Tracy BeckSubmitting Department: Mayor & Council

Meeting Date: October 16, 2018

Subject:Public Comment

Recommendation:

Petitioner:Mayor & Council

Is this a budgeted item?No

Fiscal Impact:N/A

Background:

Attachments:

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City Council Agenda Item 2

Submitted by: Tracy BeckSubmitting Department: Mayor & Council

Meeting Date: October 16, 2018

Subject:Consideration of approval to revoke the Virgin Valley Vapor Shop Business License.

- Public Hearing- Discussion and Possible Action

Recommendation:Approve to revoke the Virgin Valley Vapor Shop Business License.

Petitioner:Mayor & Council

Is this a budgeted item?No

Fiscal Impact:No.

Background:

Attachments: Summons.pdf Complaint.pdf Licensee's Answer to Complain.pdf

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Cityof Mesquite

AU} 2 I 2018

SUMMMESQUITE CITY ATTORNEYROBERT D. SWEETIN, CITY ATTOR]\EYNevada Bar No. 1264710 E. Mesquite BlvdMesquite, NV 89027Telephone: (7 02) 346-8831Facsimile: (702) 346-7970Email : rsweetin@mesquitenv.govAttorney for PlaintiffMesquite Police Department

IN THE MATTER OF

Revocation of Business License for VirginValley Vapor Shop

MESQUITE CITY COUNCIL

IN THE COUNTY OF CLARK, STATE OF NEVADA

CASE NO: 2018-01

Robert Sweetin. City Attorney

SUMMONS

NOTICE! YOUR BUSINESS LICENSE MAY BE REVOKED. THE CITY MAY DECIDEAGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU FILE A RESPONSEWITH THE CITY CLERK WITHIN 10 DAYS. READ THE INFORMATION BELOWCAREFULLY.

To the owner of the virgin valley vapor Shop (Joseph Daut) named above:

A civil complaint has been filed by the Plaintiff against you. Plaintiff is seeking to

revoke your business license and recover the relief requested in the compliant, which could

include a money judgment against you or some other form of relief.

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If you intend to defend this claim, within l0 daysl after this Summons is served on you

(not counting the day of service), you must:

1' File with the City Clerk, whose address is shown below, a formal written response

(typically a legal document called an 'oanswer," but potentially some other response) to

Plaintifls compliant.

2' Serve (by mail or hand delivery) a copy of your response upon the plaintiff whose

name and address is shown below.

If you fail to respond, the Plaintiff can request your default. The City Council can then

enter judgment against you for the relief demanded by the Plaintiff in the compliant, which could

result in your business license being revoked or some other relief requested in plaintiff s

compliant.

on time

If you intend to seek an attorney's advice, do it quickly so that your response can be filed

t The state of Nevada, its political subdivisions, agencies, officers, employees, board members, commission members, andlegislators each have 45 days after service of this summons within which to file a response to plaintiff,s compliant.

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TRACY E. BECK

By fh {Date:City

City of Mesquitei0 E Mesquite BlvdMesquite, Nevada 89027

Issued at the request of:

€4MESQUITE CITY ATT YROBERT D. SWEETIN, CITY ATTORNEYNevada Bar No. 1264710 E. Mesquite BlvdMesquite, NV 89027Telephone: (702) 346-8531Facsimile: (702) 346-797 0Email : rsweetin@mesquitenv. govAttorney for the P I aint iff

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4 FFfDAvtT/D E CLARATIqN oF s ERYIC s UNDER PENAITTY oF pE-RJ.rrRy

duly sworn or under penalty of perjury, states that at all

copy oftimes I was over l8 and not a party to or interested in the above-captioned case; that I served a

flofter (specifi)

,20 at the hour of

and leaving a copy with

For sqbrtitute ssrvig.g ser NRCF .t{dx6t: Delivering and leaving a copy witha person of suiable age and discretion residing atat

on

on Defendant

by the following method

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at

Defendant"s dwelling house or usual place ofabodq

tl Delivering and teaving a copy withwho is Defendant's president or other

head, il secretary, u cashier, EI managing agent, residentagent or (qpeci$) other

at

ll other melhod of service authorized bv Nevada stature o!..cou,rr r+le!

I I}ECLAREUNDERPENALTIIE FOREGOING IS TRUA

OF PERJURY UNDER THE LAW OF THE STATE OF NEVADA THAT

p4uuSERVER'S $IGNATURE; Date 3tServer's Phone:

Seryer's [J Rssidential/ Business

bt

F I am a licensed process servsr or an employee of a licernsed process senrer; my license or registationts:

n I am not required to be licensed under chapter 648 of the Nevada Rwissd Sbtutes or anotherprovision oflaw because am not engaged in the businegs ofserving legal process within the State ofNevada.

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Cityof Mesquite

AUE 2 I 2018

COMPRobert SweetinCity AttorneyNevada Bar # 12647CITY OF MESQUITE10 E. Mesquite BoulevardMesquite, Nevada 89027Tel: (702) 346-883 I

Fax: (702) 346-7970Email : rsweetin@mesquitenv. govAttorney for Plaintiff

IN THE MATTER OF:

Revocation of Business License for VirginValley Vapor Shop

MESQUITE CITY COUNCIL

IN THE COUNTY OF CLARK, STATE OF NEVADA

)))))))))

COMPLAINT

Case No: 2018-01

Robert Sweetin. City Attornelr

The City of Mesquite Attorney Robert D. Sweetin, Esq. files this Complaint requesting

that the business license issued to Joseph Daut for the Virgin Valley Vapor Shop (Business

License # 989196GR) be revoked based on the following supporting information.

On June 23,2014 Joseph Daut submitted the paperwork for a business license for the

sale of E-Cigarettes and Art. All of the required paperwork was completed according to

Mesquite Municipal Code 2-4-l Application for License. The business license was approved

on June 23, 2014 . His description of activity never changed.

On August 6,2018 the City Attorney's office received notification from the Mesquite

Police Department stating they executed a search warrant on the Virgin Valley Vapor Shop

(VVVS), located at ll4 North Sandhill Blvd; Unit D, Mesquite, Nevada. The search warrant

was executed on August 3,2018.In a report from Detectives it states that during the execution

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of the search walrant detectives recovered four (4) large bags of marijuana, which weighed

approximately 12.9 ounces with each baggie weighing between 3.1 to 3.5 ounces. Detectives

also recovered 55 individual pre-packaged baggies of edible marijuana candies and

miscellaneous items on the shelf that all tested positive for marijuana (gummy worms, pills,

cigarettes and liquid drops for vapes). All of the edible and miscellaneous packages appeared

to be fraudulently labeled as Tropical Green Strain, Third Eye, Hemp Oil, Creating Better Days

and Fruit Rocks when in fact they contained marijuana. All of the edibles and miscellaneous

items weighed approximately 4.5 pounds, approximately 2,046.15 grams gross weight of

marijuana.

Detectives recovered four 4 edibles gummy worms, which weighed approximately 5.3

ounces, approximately 150.8 gross grams of marijuana. Detectives also recovered five 5 liquid

vials drops representing candy for the vapes, which weighed approximately 18.2 ounces,

approximately 5i3.6 gross grams of marijuana.

During the search Detectives also discovered concentrate Marijuana Honey dabs and

possibly selling the items through his store. A large machine, tools and supplies were

recovered inside the back portion of the store.

Detectives will charge Joseph with the following from items recovered inside his place

of business:

3-counts of possession with intent to sell, a felony, per NRS 453.337.2

1-count of producing/processing marijuana, a felony, per NRS 453.3393.2

It should be noted that all of the Marijuana and Marijuana Edibles (excluding the 4

large bags of Marijuana) were on display in the sales area that was open to the public.

The Mesquite Municipal Code Section 2-l-14 outlines the Probation, Suspension or

Revocation process of a business license. The Defendant has violated Section 2-1-3(A) License

Required and 2-l-3(F) Authorization and Classification of License because he exceeded the

scope of his business license. He did not obtain authorization to transact the business of selling

marijuana products in such license at that particular location. Additionally, the Defendant did

possess drug paraphernalia at his place of business with the intent to sell.

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Dated: 812812018

Said Complainant makes this declaration on information and belief subject to the

penalty of perjury.

Robert Sweetin, ComplainantCity Attorney

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]\,IAYI"I ILD G RU BI'R & SII I,,F,T-S

I)arnian It. Slre e ts, Il sq., An(irn(',1 ;rr I arv #September 7,2018

City of Mesquitel0 E. Mesquite RoadMesquite, Nevada 89027

Re: Revocation of Business License for Virgin Valley Vapor Shop

To Whom it May Concern:

Please find the enclosed Licensee's Answer to Complaint.

S

6r*/Kelsey Esq

Gruber & Sheets

726 S. Casino Cenrer Blvd., Ste. 2L1., Las Vegas, NV 8910Lphone 702-598-1299 fax 702-598-1266dsheetsgdefendingaevada.com c'

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ANSMAYFIELD GRUBER & SHEETSDamian Sheets, Esq.

Nevada Bar No. 10755Kelsey Bernstein, Esq.Nevada Bar No. 13825726 S. Casino Center Blvd.Las Vegas, Nevada 89101Telephone : (7 02) 59 B-L299Facsimile: (7 02) 598-1266dsheets @defendingnevada.comAttorney for Licensee

foseph DautMESQUITE CrTY COUNCTLCLARK COUNTY, NEVADA

IN THE MATTER OF: Case No. 2018-01

Revocation of Business License for VirginValley Vapor Shop

Otyof Mesquite

stP 1 0 2018

LICENSEE'S ANSWER TO COMPTAINT

)))))))

COMES NOW, Licensee foseph Daut, by and through its attorney of record, D

SHEETS of the firm Mayfield Gruber & Sheets, hereby submits this Licensee's Answer

Complaint and admits or denies as follows:

GENERAL ALLEGATIONS

L. Answering paragraph 1 of Plaintiffs Complaint fbeginning "On fune 23,20t4...")

Licensee admits the allegation.

2. Answering paragraph 2 of Plaintiffs Complaint ["On August 6, 2018..."), Licens

admits that a search warrant was executed on Virgin Valley Vapor Shop in Mes

Licensee's Answer - 116

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///

///

Nevada. Licensee denies or is without sufficient knowledge to admit or deny

remaining allegations, and calls upon Plaintiff to prove the same.

3. Answering paragraph 3 of Plaintiffs Complaint ("Detectives recovered four...")

Licensee is without sufficient knowledge or information to admit or deny

allegations, and there denies the allegations and calls upon Plaintiff to prove

same

4. Answering paragraph 4 of Plaintiffs Complaint ("During the search..."), Licensee i

without sufficient knowledge or information to admit or deny the allegations,

there denies the allegations and calls upon Plaintiff to prove the same

5. Answering paragraph 5 of Plaintiffs Complaint ("Detectives will charge..."), L

is without sufficient knowledge or information to admit or deny the allegations,

there denies the allegations and calls upon Plaintiff to prove the same

6. Answering paragraph 6 of Plaintiffs Complaint ("The Mesquite Municipal Code...")

Licensee is without sufficient knowledge or information to admit or deny

allegations, and there denies the allegations and calls upon Plaintiff to prove

same; Licensee further denies the allegation that he possessed drug para

at his place of business with intent to sell.

Licensee's Answer - 217

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LICENSEE DISPUTES AND INTENDS TO DEFEND AGAINST THE INSTANT CLAIMS

Revoking Licensee foseph Daut's business license at this time creates ar

unconstitutional government taking and criminal punishment prior to a conviction ir

violation of the Fifth and Eighth Amendments to the United States Constitution. At thir

time, Licensee Daut maintains his innocence of the above allegations, and thereforr

disputes the surrender of his license based on unsubstantiated accusations. Licensee Daul

has not yet been criminally convicted of any charges, and is presumed innocent under the

law.

The "Takings Clause," the last clause of the Fifth Amendment to the U.S. Constitution

limits the power of eminent domain by requiring that "just compensation" be paid it

private property is taken for public use. U.S.C.A. AunNo. V. Federal courts have held that the

Fourteenth Amendment extended the effects of that provision to the states. Chicago, B. & Q

Railroad Co. v. Chicago, 166 U.S. 226 (L897). The Courts have long since given wide

deference to the determinations of Congress and state legislatures as to what constitutes

"public use". The property need not actually be used by the public; rather, it must be usei

or disposed of in such a manner as to benefit the public welfare or public interest.

Licenses, including work licenses, have similarly historically been held to create e

vested property interest which is subject to due process protections:

"Appellants seek to avoid these cases by characterizing appellee's license as a"privilege" and arguing that one who has accepted the benefits of a license isprecluded from challenging the conditions attached to it, including theprocedures for suspension and revocation. The Court properly rejects thiscontention -- indeed, does not even mention it... Appellee's claim to anentitlement in his duly issued trainer's license is confirmed by the state

Licensee's Answer - 318

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statutes authorizing the issuance of licenses." Barry v. Barchi,443 U.S. 55,70,99 S. Ct. 2642,2652 (L979)"

As licenses create a vested property and ownership interes! the Government may

not take this license for the "public welfare" or "public interest" without formal Due

Process. In addition to basic constitutional guarantees, such as the right to a full hearing

and the right to present evidence on his behalf, another component of Due Process is

presumption of innocence in a criminal matter.

"The defendant is presumed innocent until the contrary is proved. This presumption

places upon the State the burden of proving beyond a reasonable doubt every material

element of the crime charged and that the defendant is the person who committed the

offense." Evansv. Nevada,112 Nev. 7172,1190 n.L9,926P.2d265,277 (1996). Finally, the

presumption of innocence has on numerous occasions been tied to constitutional Due

Process. "The state concedes that in a majority of jurisdictions improper reference to

criminal history is a violation of due process since it affects the presumption of innocence."

Manning v. Warden, Nev. State Prison,99 Nev. 82, 87, 659 P.2d 847, 850 (1983); see also,

Sherman v. State, 114 Nev. 998, 1008,965 P.zd 903,910 [1998) ("Because improper

references ... affect the presumption of innocence, the admission of such references violates

due process").

In summation, it would be erroneous to revoke Licensee Daut's business license ori

the basis of criminal allegations which have not been proven, as in the eyes of the law,]

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Licensee Duat is presumed not to have committed those offenses until the governmen!

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process otherwise. At a very minimum, Licensee Daut is entitled to a full evidentiaryl

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hearing to contest the revocation. Failure to recognize Licensee Daut's rights in this matter.|

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may subject the City to monetary penalties for an unjust government taking in the event

these charges are reduced, dismissed, or remain unproven for any reason whatsoever.

PRAYER

WHEREFORE, Licensee foseph Daut prays for judgment and decree of this Court as follows

t. That Plaintiffs Complaint be dismissed or held in abeyance;

2. That Licensee be permitted a full evidentiary hearing to contest the allegations

presented; and

3. Any other lawful remedy deemed just and proper under the circumstances.

DATED this 7th day of September,2078.

By:MAYFIELD GRUBER & SHEETS

By: ?4-DamianNevada

EsqNo.10755

726 S. Casino Center Blvd.Las Vegas, Nevada 89101

Licensee's Answer - 520

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 7th day of September, 20LB I served a true and

correct copy of the foregoing ANSWER, upon each of the parties by mail or personalservice, addressed as follows:

City of Mesquite10 E. Mesquite RoadMesquite, Nevada 89027

Robert D. Sweetin, Esq.Mesquite City Attorney10 E. Mesquite RoadMesquite, Nevada 89027rsweeti n @ mes quitenv.govAttorney for Plaintiff

/s/ Kelsev BernsteinAn Employee of Mayfield Gruber & Sheets

Licensee's Answer - 621

City Council Agenda Item 3

Submitted by: Tracy BeckSubmitting Department: Mayor & Council

Meeting Date: October 16, 2018

Subject:Public Comment

Recommendation:

Petitioner:Mayor & Council

Is this a budgeted item?No

Fiscal Impact:N/A

Background:

Attachments:

22

City Council Agenda Item 4

Submitted by: Tracy BeckSubmitting Department: Mayor & Council

Meeting Date: October 16, 2018

Subject:Adjournment

Recommendation:

Petitioner:Mayor & Council

Is this a budgeted item?No

Fiscal Impact:None

Background:

Attachments:

23