What kind of activities by bartenders could constitute Live Entertainment”?
A. Most bartender activities would not qualify as live entertainment even if bottles are juggled or fancy serving techniques designed to entertain the patrons are utilized. However, if the bartenders engage in singing, dancing or acrobatics, these activities are likely to be considered live entertainment, just as if any other performer were involved. There is a specific exclusion in the definition of live entertainment for “Occasional performances by employees whose primary job function is that of preparing or serving food, refreshments or beverages to patrons, if such performances are not advertised as entertainment to the public. (See NRS 368A.090(2)(b)(2)) Note that two criteria must be met. First, the performances must be occasional, not performed frequently. Second, the activities of the bartenders must not be advertised as entertainment. In a few facilities in Nevada, these criteria would not be met, as the activities of the bartenders constitute the primary draw to the facility.
