Nevada Brothels Ask to Be Taxed
New York Times via
NewsEdge, January 26, 2009. It is virtually unheard of for any legal
industry to ask to be taxed. And it would seem even more
unlikely for any government,
especially one facing down a nearly $2 billion budget gap, to
hesitate when a business is willing
to pay up.
Yet such is the case for Nevada's
brothels, a $50-million-a-year industry that pays significant
amounts of tax to the rural counties in which they operate but
only a
$100 business license
fee
to the state.
The industry's lobbyist, George
Flint, director of the Nevada Brothel Association, has been
approaching the Legislature's leadership for months about
creating an entertainment
tax that
would require the state's 25 legal
brothels to give the state some money on a per-transaction
basis.
''I am a voice crying in the
wilderness,'' said Mr. Flint, who does not own any brothels himself.
''It's not going to make a hell of a lot of money, but
we would be happy to pay our fair share.
We can't even get a hearing. The speaker of
the House told me, 'As bad as it is, I don't think
we want to go there.' ''
Nevada
is the only state where prostitution is legal, but by state
law it also is restricted to
counties with fewer than 400,000 residents. That outlaws it
in two counties, Clark, which
contains
Las Vegas, and
Washoe, which contains Reno. There are about 225 women licensed
by the state as prostitutes; no county
allows brothels to have men who sell sexual services.
Still, since 1971, when
prostitution was legalized, Nevada has added more than two million
residents and become significantly more socially conservative. The
state has also lost much of
its frontier mentality, so Mr. Flint acknowledges that
the tax effort is ''something of an insurance
policy'' against the Legislature's deciding
one day to do away with the industry.
''Anytime you're going to take tax
money, the state's not going to view you as a relic of a past
time and put you out of business,'' explained Mr. Flint, who
said he was gaining traction for a
brothel tax in 2003 until he made the faux pas of
joking to a reporter that he would commit to
putting the governor's portrait in every
prostitute's lair along with a note reading, ''Don't forget
the governor's share.''
Like most states, Nevada is facing
economic problems.
Gov. Jim
Gibbons, a Republican,
submitted to the
Legislature this
month a budget that included 6 percent pay cuts for teachers
and a 36 percent reduction in all higher-education
financing to help close an expected $1.8
billion revenue gap created in part by
dwindling
tourism profits and a collapsing housing
market.
Mr. Gibbons's budget -- which
proposes the deep cuts to avoid any tax increases, in keeping
with his 2006 no-tax-increases campaign pledge -- was rejected
out of hand by leaders of the
State Senate and the
House, both of which are dominated by Democrats. In Speaker Barbara
Buckley's response to the proposal and to
Mr. Gibbons's State of the State address on Jan.
15, she vowed to ''gather all
the facts, tap the best minds in the state, hear all points of view
and commit
ourselves to finding meaningful solutions.''
Still, Ms. Buckley said she did not
support taxing brothels because she believed that to do so
the state would have to legalize prostitution in the largest
counties, ''and I just don't support the
idea.'' Asked why she supports prostitution
in some areas of the state and not others, Ms.
Buckley declined to answer except
to say that legalization came ''way before the time I was
elected.''
Mr. Flint does have at least one
legislative ally,
Senator Bob
Coffin, a Las Vegas Democrat
and the incoming chairman of the Senate Taxation Committee. Mr. Coffin said he was willing to
hold a hearing on the matter in the coming
legislative session, which starts next month.
Mr. Coffin disputed the speaker's
assertion that a brothel tax would require statewide
legalization and called it a ''legal backdoor'' to avoid the
matter.
''There is a way to make it work,
just as we make all these other legal contortions work based
on population,'' he said. ''You can do it if the legal counsel
says we can do it. And we should,
because the brothels have been essentially exempted
from the sharing of the burden that we all
have to spread around on as many people
as possible so the impact is less.''
Not all brothel owners support Mr.
Flint's efforts.
Dennis Hof,
owner of the Moonlite Bunny
Ranch in Mound House, said his brothel was the ''highest
private taxpayer in
Lyon
County''
and questioned why anyone would ''consider
another layer of tax on me. It's unbearable in this
economy.''
Mr. Hof, whose brothel is the
subject of the long-running HBO reality show ''Cathouse,'' said
he paid $78,000 a year for his
county business license
and $25,000 a year to the
local health
department
officials. ''The legislators are saying they've got bigger issues to deal with,'' said Mr.
Hof, who has long
disassociated himself from Mr. Flint and the brothel association. ''The state
needs $1
billion. The money they would get from a brothel tax is a
small amount of money.
So
why bring it up? If the Legislature thinks they need to get some more money from us,
we'll
deal with it on our own.''
And even brothel owners who support
the idea of being taxed by the state are not as worried
as Mr. Flint is that the Legislature might ban the business.
James Davis, owner of the
Shady
Lady
Ranch in Scotty's Junction, said legislators
from the smaller counties would never allow
the state to eliminate one of their few
reliable sources of local
tax revenue.
Ms. Buckley said she suspected that
Mr. Flint's motive was to first have the industry taxed by
the state and then build a case for legalizing it in the
larger counties. And Mr. Flint
acknowledged that he hoped he could show the
Legislature how much money the state is losing
by not regulating and taxing the
booming illegal prostitution industry in Las Vegas. (The closest
legal brothels to the
Strip are more than 60 miles away in
Nye County.)
Mr. Flint has another outspoken
ally, Mayor Oscar B. Goodman of Las Vegas, long an
advocate of having legal brothels in the city. The mayor said that
Nevada's reputation is such
that most travelers already believe that prostitution
is legal throughout the state.
''They tell me we're missing tens
of million of dollars that could be used for the school system,
to keep jail guards employed, to provide
mental
health services,'' Mr. Goodman said.
''I also believe that by regulating
and controlling this business, we could make it much safer for
the customers as well as the prostitutes. We kid ourselves
and we're very disingenuous if we
pretend that there isn't rampant prostitution now
that is unsafe for which we get no tax
revenue.''
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