EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 202.055 is hereby amended to read as follows:

1-2 202.055 1. Every person who knowingly:

1-13 physician of the person under 21 years of age.

2-1 Sec. 2. Chapter 369 of NRS is hereby amended by adding thereto the

2-2 provisions set forth as sections 3 to 8, inclusive, of this act.

2-3 Sec. 3. As used in sections 3 to 8, inclusive, of this act, unless the

2-4 context otherwise requires, the words and terms defined in sections 4 and

2-5 5 of this act have the meanings ascribed to them in those sections.

2-6 Sec. 4. "Keg" means any container which is capable of holding 4 or

2-7 more gallons of beer and which is designed for or capable of dispensing

2-8 beer from a tap.

2-9 Sec. 5. "Licensed retailer" means a person who is licensed to sell

2-10 beer or liquor to a consumer.

2-11 Sec. 6. 1. A licensed retailer shall not sell beer in a keg to a

2-12 purchaser or lease a keg to a lessee unless, before the purchaser or lessee

2-13 takes possession of the keg:

2-14 (a) The purchaser or lessee provides to the licensed retailer

2-15 identification in the form of a driver’s license or other identification

2-16 containing a photograph of the purchaser or lessee;

2-17 (b) The licensed retailer collects from the purchaser or lessee a deposit

2-18 of not less than $50 or more than $100 for each keg involved in the

2-19 transaction and prepares a receipt for the transaction that complies with

2-20 the provisions of this section;

2-21 (c) The purchaser or lessee signs, in the appropriate place in

2-22 accordance with the provisions of subsection 3, the receipt prepared by

2-23 the licensed retailer; and

2-24 (d) The licensed retailer gives a copy of the signed receipt to the

2-25 purchaser or lessee and informs the purchaser or lessee that the

2-26 purchaser or lessee has a duty to maintain a copy of the signed receipt at

2-27 the location where the keg will be used to dispense beer.

2-28 2. Each receipt prepared by a licensed retailer pursuant to subsection

2-29 1 must include, without limitation:

2-30 (a) The name and address of the establishment of the licensed retailer

2-31 where the transaction occurred;

2-32 (b) The date of the transaction;

2-33 (c) The identification number for each keg involved in the

2-34 transaction;

2-35 (d) The amount of the deposit collected by the licensed retailer for

2-36 each keg involved in the transaction;

2-37 (e) The name and address of the purchaser or lessee; and

2-38 (f) The identification number of the driver’s license or other form of

2-39 identification provided to the licensed retailer by the purchaser or lessee.

2-40 3. In addition to the requirements of subsection 2, each receipt

2-41 prepared by a licensed retailer pursuant to subsection 1 must include a

2-42 place for the signature of the purchaser or lessee. The place for the

2-43 signature of the purchaser or lessee must follow immediately after a

3-1 declaration that is printed conspicuously on the receipt in substantially

3-2 the following form:

3-3 I declare under penalty of perjury that I am 21 years of age or

3-4 older and that I will not allow a person who is less than 21

3-5 years of age to consume, in violation of any applicable law,

3-6 any beer involved in this transaction. I am signing this receipt

3-7 with the knowledge that I am making a sworn declaration

3-8 under penalty of perjury.

3-9 4. A purchaser or lessee who signs a receipt containing a declaration

3-10 that substantially complies with the provisions of subsection 3 shall be

3-11 deemed to have made a sworn declaration under penalty of perjury.

3-12 5. For each transaction completed pursuant to this section, the

3-13 licensed retailer shall:

3-14 (a) Retain, for not less than 6 months at the establishment of the

3-15 licensed retailer where the transaction occurred, a copy of the signed

3-16 receipt given to the purchaser or lessee pursuant to subsection 1; and

3-17 (b) Make a copy of the signed receipt available for inspection by any

3-18 law enforcement agency during that period.

3-19 6. A licensed retailer who collects a deposit from a purchaser or

3-20 lessee pursuant to subsection 1 shall refund the deposit to the purchaser

3-21 or lessee if, within 6 months after the date of the transaction, the

3-22 purchaser or lessee:

3-23 (a) Returns to the licensed retailer the keg for which the deposit was

3-24 collected; and

3-25 (b) Presents to the licensed retailer a copy of the signed receipt that

3-26 was given to the purchaser or lessee pursuant to subsection 1.

3-27 A licensed retailer shall not refund a deposit to a purchaser or lessee who

3-28 fails to comply with the provisions of this subsection.

3-29 Sec. 7. 1. A person shall not purchase beer in a keg from a

3-30 licensed retailer or lease a keg from a licensed retailer unless the person

3-31 is 21 years of age or older and, before the person takes possession of the

3-32 keg, the person:

3-33 (a) Provides to the licensed retailer identification in the form of a

3-34 driver’s license or other identification containing a photograph of the

3-35 person;

3-36 (b) Pays to the licensed retailer the deposit required pursuant to

3-37 section 6 of this act for each keg involved in the transaction; and

3-38 (c) Signs, in the appropriate place, a receipt which is prepared by the

3-39 licensed retailer and which contains a declaration that substantially

3-40 complies with the provisions of subsection 3 of section 6 of this act.

4-1 2. A person who has purchased beer in a keg or who has leased a

4-2 keg:

4-3 (a) Shall not allow a person who is less than 21 years of age to

4-4 consume, in violation of any applicable law, any beer that is dispensed

4-5 from the keg; and

4-6 (b) Shall maintain at the location where the keg is used to dispense

4-7 beer a copy of the signed receipt that was given to the person pursuant to

4-8 section 6 of this act.

4-9 Sec. 8. In addition to any other penalty provided by law, a person

4-10 who violates any of the provisions set forth in sections 3 to 7, inclusive, of

4-11 this act shall be punished:

4-12 1. For the first offense, by a fine of not more than $500.

4-13 2. For subsequent offenses, by a fine of not less than $500 or more

4-14 than $700.

4-15 Sec. 9. The amendatory provisions of this act do not apply to offenses

4-16 committed before October 1, 1999.