Assembly Bill No. 12–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Revises provisions governing liquor. (BDR 32‑23)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to liquor; authorizing a transfer of liquor between certain affiliated retailers; providing for the enforcement of certain provisions of chapter 369 of NRS; providing a civil penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 369 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A retail liquor store that holds a nonrestricted license may transfer

1-4  an original package of liquor to another retail liquor store that holds a

1-5  nonrestricted license, and that other retail liquor store may receive the

1-6  original package of liquor pursuant to the transfer, if:

1-7    (a) Each retail liquor store:

1-8       (1) Holds its nonrestricted license for the purposes set forth in

1-9  subsection 2 of NRS 463.0177; and

1-10      (2) Is in the marketing area of the wholesale dealer from which the

1-11  original package of liquor was obtained by the initial retail liquor store;

1-12    (b) The initial retail liquor store:

1-13      (1) Obtained the original package of liquor in compliance with the

1-14  provisions of this chapter;

1-15      (2) Is an affiliate of the retail liquor store that receives the transfer;

1-16  and

1-17      (3) Does not charge the retail liquor store that receives the transfer

1-18  for the original package of liquor;

1-19    (c) Immediately before the transfer, the original package of liquor is

1-20  located at the initial retail liquor store; and

1-21    (d) Pursuant to the transfer, the original package of liquor is

1-22  transported from the initial retail liquor store to the other retail liquor

1-23  store.

2-1    2.  A transfer authorized by this section shall not be deemed a sale.

2-2    3.  A retail liquor store that transfers or receives an original package

2-3  of liquor as authorized by this section:

2-4    (a) Shall not be deemed to be engaged in business as a wholesale

2-5  dealer based upon the transfer authorized by this section.

2-6    (b) Notwithstanding the provisions of subsection 5 of NRS 369.450,

2-7  may transport the original package of liquor from the initial retail liquor

2-8  store to the other retail liquor store without a special permit for such

2-9  transportation.

2-10    4.  As used in this section:

2-11    (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

2-12    (b) “Liquor” does not include beer.

2-13    (c) “Marketing area” has the meaning ascribed to it in NRS 597.136.

2-14    (d) “Nonrestricted license” has the meaning ascribed to it in NRS

2-15  463.0177.

2-16    Sec. 2.  NRS 369.487 is hereby amended to read as follows:

2-17    369.487  Except as otherwise provided in NRS 597.240, and section 1

2-18  of this act, no retailer or retail liquor dealer may purchase any liquor from

2-19  other than a state-licensed wholesaler.

2-20    Sec. 3.  NRS 369.488 is hereby amended to read as follows:

2-21    369.488  1.  [A] Except as otherwise provided in section 1 of this act,

2-22  a retailer may purchase liquor only from:

2-23    (a) The importer designated by the supplier pursuant to NRS 369.386 to

2-24  import that liquor if that importer is also a wholesaler; or

2-25    (b) A wholesaler who purchased liquor from the importer designated by

2-26  the supplier pursuant to NRS 369.386 to import that liquor.

2-27    2.  As used in this section, “supplier” means the brewer, distiller,

2-28  manufacturer, producer, vintner or bottler of liquor.

2-29    Sec. 4.  NRS 369.540 is hereby amended to read as follows:

2-30    369.540  1.  The department shall enforce the provisions of section 1

2-31  of this act.

2-32    2.  Sheriffs, within their counties, and all other police officers of the

2-33  State of Nevada are charged with the duty of assisting in the enforcement

2-34  of this chapter without further compensation.

2-35    Sec. 5.  NRS 369.550 is hereby amended to read as follows:

2-36    369.550  1.  Except as otherwise expressly provided in this chapter,

2-37  any person violating any of the provisions of this chapter or knowingly

2-38  violating any [lawful] regulation of the department made for the

2-39  enforcement of [its] the provisions of this chapter shall be punished, upon

2-40  conviction thereof, as for a misdemeanor.

2-41    2.  Any person violating any provision of section 1 of this act is liable

2-42  to the department for a civil penalty of not more than $1,000 for each

2-43  violation. The civil penalty prescribed in this subsection is in addition to

2-44  any criminal penalty or other remedy or penalty available for the same

2-45  conduct.

2-46    Sec. 6.  NRS 597.220 is hereby amended to read as follows:

2-47    597.220  1.  Any person who is engaged in the business of importing

2-48  or wholesaling alcoholic beverages in the State of Nevada shall not engage

2-49  in the business of retailing alcoholic beverages in this state.

3-1    2.  For the purposes of this section, a person who transfers or

3-2  receives alcoholic beverages in the manner described in section 1 of this

3-3  act must not be considered to be engaged in the business of wholesaling

3-4  alcoholic beverages based solely upon those transfers.

3-5    Sec. 7.  The provisions of this act do not apply to conduct that

3-6  occurred before the effective date of this act.

3-7    Sec. 8.  This act becomes effective upon passage and approval.

 

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