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 [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).

 

AN ACT relating to intoxicating liquor; requiring a supplier who ships liquor into this state to pay certain taxes under certain circumstances; requiring a supplier who ships wine into this state to enter into a franchise agreement with a wholesaler under certain circumstances; requiring a supplier of wine to pay a fee under certain circumstances; requiring a wholesaler of liquor to purchase liquor from certain persons; requiring the department of taxation to adopt certain regulations; allowing the importation without a license of wine by certain persons for personal use; requiring a person who accepts wine shipped into this state to be a certain age; providing a 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

1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.

1-3 Sec. 2. As used in this chapter, "case of wine" means 12 bottles each

1-4 containing 750 milliliters of wine or an amount equal to that volume of

1-5 wine.

1-6 Sec. 3. A supplier who ships liquor into this state pursuant to

1-7 paragraph (b) or (c) of subsection 2 of NRS 369.490 must pay the excise

1-8 tax levied pursuant to NRS 369.330.

1-9 Sec. 4. A supplier who ships wine into this state pursuant to

1-10 paragraph (c) of subsection 2 of NRS 369.490 must designate an

1-11 importer in this state if the supplier:

1-12 1. Ships 25 cases or more of wine into this state in a fiscal year; and

1-13 2. Has not already designated an importer in this state.

2-1 Sec. 5. If a supplier ships 200 or more cases of wine into this state

2-2 pursuant to paragraph (c) of subsection 2 of NRS 369.490 in a fiscal

2-3 year, he must pay a fee equal to the amount of the fee for a license as an

2-4 importer of wine, beer and liquor in this state for that fiscal year. The fee

2-5 is due on or before the 30th calendar day after the date on which the

2-6 200th case of wine was shipped and is valid only for the remainder of the

2-7 fiscal year in which the 200th case of wine was shipped.

2-8 Sec. 6. A supplier who ships liquor into this state pursuant to

2-9 paragraph (b) or (c) of subsection 2 of NRS 369.490 shall preserve for

2-10 inspection and audit by the department and its agents, for a period of 4

2-11 years, all invoices and lists of liquors shipped to a location in this state,

2-12 specifying the:

2-13 1. Kind and quantity of liquor shipped in each order.

2-14 2. Name of the person to whom the liquor was shipped.

2-15 3. Place to which each order was shipped and the date of shipping.

2-16 Sec. 7. 1. A wholesaler who is not the importer designated by the

2-17 supplier pursuant to NRS 369.386 may purchase liquor only from:

2-18 (a) The importer designated by the supplier pursuant to NRS 369.386

2-19 to import that liquor; or

2-20 (b) A wholesaler who purchased the liquor from the importer

2-21 designated by the supplier pursuant to NRS 369.386 to import that liquor.

2-22 2. As used in this section, "supplier" means the brewer, distiller,

2-23 manufacturer, producer, vintner or bottler of liquor.

2-24 Sec. 8. 1. A retailer may purchase liquor only from:

2-25 (a) The importer designated by the supplier pursuant to NRS 369.386

2-26 to import that liquor if that importer is also a wholesaler; or

2-27 (b) A wholesaler who purchased liquor from the importer designated

2-28 by the supplier pursuant to NRS 369.386 to import that liquor.

2-29 2. As used in this section, "supplier" means the brewer, distiller,

2-30 manufacturer, producer, vintner or bottler of liquor.

2-31 Sec. 9. NRS 369.150 is hereby amended to read as follows:

2-32 369.150 1. The department is charged with the duty of administering

2-33 the provisions of this chapter.

2-34 2. The department shall:

2-35 (a) Prescribe and cause to be printed and issued free of charge all forms

2-36 for applications and reports.

2-37 (b) Except as otherwise provided in NRS 369.430, issue free of charge

2-38 all certificates and permits.

2-39 (c) Adopt and enforce all rules, regulations and standards necessary or

2-40 convenient to carry out the provisions of this chapter.

2-41 (d) Adopt regulations to carry out the provisions of sections 3 to 8,

2-42 inclusive, of this act.

3-1 Sec. 10. NRS 369.386 is hereby amended to read as follows:

3-2 369.386 1. [A] Except as otherwise provided in section 4 of this act,

3-3 a supplier of liquor may sell to an importer into this state only if:

3-4 (a) Their commercial relationship is of definite duration or continuing

3-5 indefinite duration; and

3-6 (b) The importer is granted the right to offer, sell and distribute within

3-7 this state or any designated area thereof such of the supplier’s brands of

3-8 packaged malt beverages, distilled spirits and wines, or all of them, as may

3-9 be specified.

3-10 2. The supplier shall file with the department a written notice

3-11 indicating the name and address of each designated importer. Each

3-12 importer shall file with the department a written acceptance of the

3-13 designation.

3-14 3. A brewer, distiller, manufacturer, producer, vintner or bottler of

3-15 liquor who designates an agent to sell his products to importers into this

3-16 state shall file with the department a written designation indicating the

3-17 name and address of the agent, and the agent shall file with the department

3-18 a written acceptance of the designation.

3-19 Sec. 11. NRS 369.490 is hereby amended to read as follows:

3-20 369.490 1. Except as otherwise provided in subsection 2, [no] a

3-21 person shall not directly or indirectly, himself or by his clerk, agent or

3-22 employee, offer, keep or possess for sale, furnish or sell, or solicit the

3-23 purchase or sale of any liquor in this state, or transport or import or cause

3-24 to be transported or imported any liquor in or into this state for delivery,

3-25 storage, use or sale therein, unless [such person has] the person:

3-26 (a) Has complied fully with the provisions of this chapter ; and [is a

3-27 holder of]

3-28 (b) Holds an appropriate, valid license, permit or certificate issued by

3-29 the department.

3-30 2. [The] Except as otherwise provided in subsection 3, the provisions

3-31 of this chapter do not apply to a person [entering] :

3-32 (a) Entering this state with a quantity of alcoholic beverage for

3-33 household or personal use which is exempt from federal import duty; [nor

3-34 do the provisions of this chapter apply to a person who]

3-35 (b) Who imports 1 gallon or less of alcoholic beverage per month from

3-36 another state for his own household or personal use [.] ; or

3-37 (c) Who:

3-38 (1) Is a resident of this state;

3-39 (2) Is 21 years of age or older; and

3-40 (3) Imports 12 cases or less of wine per year for his own household

3-41 or personal use.

3-42 3. The provisions of subsection 2 do not apply to a supplier,

3-43 wholesaler or retailer while he is acting in his professional capacity.

4-1 4. A person who accepts liquor shipped into this state pursuant to

4-2 paragraph (b) or (c) of subsection 2 must be 21 years of age or older.

4-3 Sec. 12. The amendatory provisions of this act do not apply to

4-4 offenses that were committed before the effective date of this act.

4-5 Sec. 13. This act becomes effective upon passage and approval.

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