CHECKLIST/INSTRUCTIONS - SMOKE SHOP AND/OR SMOKE

Checklist/Instructions - Smoke Shop/Smoke Lounge - Form PL126 Revised 12/10/2019

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CITY OF LAS VEGAS Fax (702) 382-6642

DEPARTMENT OF PLANNING TDD (702) 386-9108

BUSINESS LICENSING DIVISION E-mail us at [email protected]

CHECKLIST/INSTRUCTIONS - SMOKE SHOP AND/OR SMOKE LOUNGE

DEFINITIONS:

LVMC 6.82.010

Smoke Shop - means a business which has, as its principal activity or a primary activity, the sale of tobacco paraphernalia or designated

substances, or a business that holds itself out to the public as engaging in that activity.

Smoking Lounge - means a business which offers, as its principal activity or a primary activity, a location and equipment for the

consumption of tobacco products.

Tobacco Paraphernalia - means cigarette papers, or wrappers, holders of smoking materials of all types, cigarette rolling machines, and

any other item designed for use in the smoking, preparation or consumption of tobacco products. The term does not include tobacco

products.

Tobacco Products - means any substance containing tobacco leaf, including but not omitted to cigarettes, cigars, pipe tobacco, snuff,

chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco. The term does not include any cessation product specifically

approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence, or any electronic device

that enables the introduction of nicotine into the human body but without the presence of tobacco.

Designated Substance - means salvia divinorum or Salvinorum A, including all parts of the plant as salvia divinorum, whether growing or

not; any extract thereof, the seeds thereof and every compound, manufacture, salts derivative, mixture or preparation of the plant or its seeds

or extracts.

The term primary activity means an activity that occupies 11 percent or more of the gross retail floor area or an area designated for use as a

smoking lounge that occupies 11 percent or more of the gross lounge area of the business establishment or any activity that produces 51% or

more of the total revenue of the business. In businesses that have both tobacco paraphernalia sales and a smoking lounge, if the tobacco

paraphernalia retail area and the lounge area combined occupy 11% or more of the total area accessible to the public, or if combined revenue

from these activities produces 51% or more of the total revenue of the establishment, this will be considered a primary activity.

These definitions mean that an establishment will be classified as a smoke shop or a smoking lounge under LVMC 6.82 if the establishment

falls within the definitions above. These definitions are based on the sale of tobacco paraphernalia or the presence of equipment or a

designated area for the consumption of tobacco products. The presence or sale of tobacco or tobacco products is not a requirement.

A business may also fall within the definition of a smoke shop or smoking lounge simply by holding itself out to the public as engaging in

that activity. In other words, if your advertising leads people to believe that your establishment is a smoke shop, it is one within the

definition . There is no minimum square footage listed in either definition. A kiosk selling tobacco paraphernalia is a smoke shop.

National American Industry Classification System (NAICS Code): 453991

REQUIRED FORMS

Las Vegas Business License Application (Form #BL001)

Temporary License Request - Optional - (Form #PL200), not eligible for licenses that require state approval

Responsible Party Acknowledgement Notice (Form #PL233)

Applications are taken by appointment only, Monday through Thursday.

To make an appointment, call (702) 229-1840.

If you are more than 15 minutes late, your appointment will be cancelled.

Incomplete applications will not be accepted.

*** IMPORTANT ***

If requesting a Temporary License and have NOT resided in the Las Vegas area for the past two (2) years, a police letter from

your previous jurisdiction is required.

Financial Questionnaire (Form #PL124) and documentation to support sources of funding (e.g. bank statements, tax returns)

Drug Paraphernalia Acknowledgement (Form #PL108)

Print Form

Checklist/Instructions - Smoke Shop/Smoke Lounge - Form PL126 Revised 12/10/2019

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Operating Agreement (must include management and membership percentage details)

Limited Liability Companies (LLC):

Organizational chart of related companies (if applicable)

Partnership Agreement

Partnerships and Limited Partnerships:

Suitability package is required for each "Principal" as defined by LVMC 6.02.010 unless they are eligible for a waiver. All hand

written forms must be in black ink and in block lettering. Illegible applications WILL NOT be accepted.

Personal History Form (Form #PL125)

U.S. Military Discharge Form DD2214 or equivalent if served in another country, if applicable

One (1) current photo of head and shoulders, passport size--approximately 2" x 2" (Must be less than 6 months old)

Driver's License or State-issued Identification Card

Certified copy of Birth Certificate Copy of Certification of Birth Abroad

If born IN the United States or abroad to U.S. citizens, provide one of the following:

If born OUTSIDE the United States or abroad to U.S. citizens, provide one of the following:

Naturalization Certification Copy of Permanent Resident Card Employment Authorization Card

Organizational chart of related companies (if applicable)

SUITABILITY PACKAGE

If none of the above are available, a notarized affidavit which details managers and members with ownership percentage will be

accepted

If a partnership agreement is not available, a notarized affidavit which details the list of partners with ownership percentage will be

accepted

Suitability Waiver

Principal Waiver General Guideline

Driver's License or State-issued Identification Card

Waiver of Suitability Request (Form #PL225)

If none of the above are available, a notarized affidavit which details shareholders with ownership percentage and officers will be

accepted

Organizational chart of related companies (if applicable)

Legal document listing stockholders holding more than 10% and/or involved in the day-to-day operation

Most recent Form 10-K filed with SEC (publicly traded)

Most recent Annual Report (publicly traded); or

Meeting minutes or secretary certificates detailing current officers, directors, and shareholders

Corporations:

OWNERSHIP DOCUMENTS (Continued)

NOTE: If the ownership structure of the entity applying for the license is made up of other entities (i.e. the member of an LLC is a corporation and

another LLC), you are required to supply documents for both LLCs and the corporation as outlined under the entity type.

List of all Trustees

Complete Trust Agreement and Amendments

Trusts:

Checklist/Instructions - Smoke Shop/Smoke Lounge - Form PL126 Revised 12/10/2019

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FEES: (All fees are non-refundable)

CLV Business Licensing Fees:

Initial Processing Fee: $100.00

Temporary License Request (optional): $500.00

Initial Semi-Annual License Fee: $100.00

LVMPD Suitability Fees:

Investigation Fee: $150.00 per person

Other Fees:

If your items need to be notarized, this service can be provided during your appointment for an additional $5.00

per signature.

Waiver Request Fee (if applicable): $100.00 per person

If we make any copies, you will be charged $1.00 per page

Leased Location: Properly executed Lease Agreement. Authorized privilege business activity must be included in the use of the

premise. Tenant name on the Lease must match the legal entity name used on the business license application. May be contingent

on approval of license; or

Proof of Property Ownership

Financial Investigation Fee: $200 per privilege application