Senate Bill No. 428–Senator Schneider
March 15, 1999
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Referred to Committee on Taxation
SUMMARY—Makes various changes concerning intoxicating liquor. (BDR 32-1238)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 thereto1-2
the provisions set forth as sections 2 to 7, inclusive, of this act.1-3
Sec. 2. A supplier who ships liquor into this state pursuant to1-4
paragraph (b) or (c) of subsection 2 of NRS 369.490 must pay the excise1-5
tax levied pursuant to NRS 369.330.1-6
Sec. 3. A supplier who ships wine into this state pursuant to1-7
paragraph (c) of subsection 2 of NRS 369.490 must designate an1-8
importer in this state if the supplier:1-9
1. Ships 100 cases or more of wine into this state in a fiscal year; and1-10
2. Has not already designated an importer in this state.1-11
Sec. 4. If a supplier ships 200 or more cases of wine into this state1-12
pursuant to paragraph (c) of subsection 2 of NRS 369.490 in a fiscal1-13
year, he must pay a fee equal to the amount of the fee for a license as an1-14
importer of wine, beer and liquor in this state for that fiscal year. The fee2-1
is due on or before the 30th calendar day after the date on which the2-2
200th case of wine was shipped and is valid only for the remainder of the2-3
fiscal year in which the 200th case of wine was shipped.2-4
Sec. 5. A supplier who ships liquor into this state pursuant to2-5
paragraph (b) or (c) of subsection 2 of NRS 369.490 shall preserve for2-6
inspection and audit by the department and its agents, for a period of 42-7
years, all invoices and lists of liquors shipped to a location in this state,2-8
specifying the:2-9
1. Kind and quantity of liquor shipped in each order.2-10
2. Name of the person to whom the liquor was shipped.2-11
3. Place to which each order was shipped and the date of shipping.2-12
Sec. 6. A wholesaler who is not the importer designated by the2-13
supplier pursuant to NRS 369.386 may purchase liquor only from:2-14
1. The importer designated by the supplier pursuant to NRS 369.3862-15
to import that liquor; or2-16
2. A wholesaler who purchased the liquor from the importer2-17
designated by the supplier pursuant to NRS 369.386 to import that liquor.2-18
Sec. 7. A retailer may purchase liquor only from:2-19
1. The importer designated by the supplier pursuant to NRS 369.3862-20
to import that liquor if that importer is also a wholesaler; or2-21
2. A wholesaler who purchased liquor from the importer designated2-22
by the supplier pursuant to NRS 369.386 to import that liquor.2-23
Sec. 8. NRS 369.150 is hereby amended to read as follows: 369.150 1. The department is charged with the duty of administering2-25
the provisions of this chapter.2-26
2. The department shall:2-27
(a) Prescribe and cause to be printed and issued free of charge all forms2-28
for applications and reports.2-29
(b) Except as otherwise provided in NRS 369.430, issue free of charge2-30
all certificates and permits.2-31
(c) Adopt and enforce all rules, regulations and standards necessary or2-32
convenient to carry out the provisions of this chapter.2-33
(d) Adopt regulations to carry out the provisions of sections 2 to 7,2-34
inclusive, of this act.2-35
Sec. 9. NRS 369.386 is hereby amended to read as follows: 369.386 1.2-37
a supplier of liquor may sell to an importer into this state only if:2-38
(a) Their commercial relationship is of definite duration or continuing2-39
indefinite duration; and2-40
(b) The importer is granted the right to offer, sell and distribute within2-41
this state or any designated area thereof such of the supplier’s brands of2-42
packaged malt beverages, distilled spirits and wines, or all of them, as may2-43
be specified.3-1
2. The supplier shall file with the department a written notice3-2
indicating the name and address of each designated importer. Each3-3
importer shall file with the department a written acceptance of the3-4
designation.3-5
3. A brewer, distiller, manufacturer, producer, vintner or bottler of3-6
liquor who designates an agent to sell his products to importers into this3-7
state shall file with the department a written designation indicating the3-8
name and address of the agent, and the agent shall file with the department3-9
a written acceptance of the designation.3-10
Sec. 10. NRS 369.490 is hereby amended to read as follows: 369.490 1. Except as otherwise provided in subsection 2,3-12
person shall not directly or indirectly, himself or by his clerk, agent or3-13
employee, offer, keep or possess for sale, furnish or sell, or solicit the3-14
purchase or sale of any liquor in this state, or transport or import or cause3-15
to be transported or imported any liquor in or into this state for delivery,3-16
storage, use or sale therein, unless3-17
(a) Has complied fully with the provisions of this chapter ; and3-18
3-19
(b) Holds an appropriate, valid license, permit or certificate issued by3-20
the department.3-21
2. The provisions of this chapter do not apply to a person3-22
(a) Entering this state with a quantity of alcoholic beverage for3-23
household or personal use which is exempt from federal import duty;3-24
3-25
(b) Who imports 1 gallon or less of alcoholic beverage per month from3-26
another state for his own household or personal use3-27
(c) Who:3-28
(1) Is a resident of this state;3-29
(2) Is 21 years of age or older; and3-30
(3) Imports 12 cases or less of wine per year for his own household3-31
or personal use.3-32
3. A person who accepts liquor shipped into this state pursuant to3-33
paragraph (b) or (c) of subsection 2 must be 21 years of age or older.3-34
Sec. 11. The amendatory provisions of this act do not apply to3-35
offenses that were committed before October 1, 1999.~