Business Impact Statement
Nevada Revised Statutes 237 requires a municipality to perform an analysis of the impact and prepare for record a business impact statement when considering a new ordinance, or amending an old ordinance, which is likely to impose a direct and significant economic burden on a business. The analysis requires, in part, sending copies of the proposed ordinance amendment to specifically affected businesses, to trade unions, to the Chamber of Commerce, in such a way as to give notice to the businesses that might be affected.
Revisions to the law, effective July 2013, amended the requirements for preparing a business impact statement. Based on those changes, the City of Henderson City Attorney has concluded that a Business Impact Statement is only required on ordinances that increase or impose a fee on businesses. The City of Henderson Business Impact Statement form has been updated to reflect this change.
Business Impact Statement Petition Process
If a business believes that (1) the City failed to prepare a business impact statement as required pursuant to NRS 237; (2) the business impact statement prepared by the City did not consider or significantly underestimated the economic effect of the ordinance on the particular business; or (3) the governing body of the local government failed to comply with any of the requirements of NRS 237.030 to 237.150 before adopting the proposed rule, the business may object to all or a part of the ordinance by filing a written petition with the City Clerk within thirty (30) calendar days following approval of the subject ordinance by the City Council. There are no additional grounds upon which a business may object to an ordinance under this Chapter.
Upon receipt of the petition, the City Clerk shall forward a copy to the City Manager, the City Attorney, and the head of the department which generated the ordinance, who will as soon as practicable jointly consider the merits of the petition and forward a recommendation to the City Council, which may, in its sole discretion, amend the ordinance to which the business objected.