Assembly Bill No. 669–Committee on Ways and Means

 

May 26, 2001

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions governing liquor. (BDR 32‑1550)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: Contains Appropriation not included in Executive Budget.

 

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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 the provisions of chapter 369 of NRS; making an appropriation; 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 holds its nonrestricted license for the

1-8  purposes set forth in subsection 2 of NRS 463.0177;

1-9    (b) The initial retail liquor store:

1-10      (1) Obtained the original package of liquor in compliance with the

1-11  provisions of this chapter;

1-12      (2) Is an affiliate of the retail liquor store that receives the transfer;

1-13  and

1-14      (3) Does not charge the retail liquor store that receives the transfer

1-15  for the original package of liquor;

1-16    (c) Immediately before the transfer, the original package of liquor is

1-17  located at the initial retail liquor store; and

1-18    (d) Pursuant to the transfer, the original package of liquor is

1-19  transported from the initial retail liquor store to the other retail liquor

1-20  store.

1-21    2.  A transfer authorized by this section shall not be deemed a sale.

2-1    3.  A retail liquor store that transfers or receives an original package

2-2  of liquor as authorized by this section:

2-3    (a) Shall not be deemed to be engaged in business as a wholesale

2-4  dealer based upon the transfer authorized by this section.

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

2-6  may transport the original package of liquor from the initial retail liquor

2-7  store to the other retail liquor store without a special permit for such

2-8  transportation.

2-9    4.  As used in this section:

2-10    (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

2-11    (b) “Nonrestricted license” has the meaning ascribed to it in NRS

2-12  463.0177.

2-13    Sec. 2.  NRS 369.150 is hereby amended to read as follows:

2-14    369.150  1.  The department is charged with the duty of administering

2-15  the provisions of this chapter.

2-16    2.  The department shall:

2-17    (a) Prescribe and cause to be printed and issued free of charge all forms

2-18  for applications and reports.

2-19    (b) Except as otherwise provided in NRS 369.430, issue free of charge

2-20  all certificates and permits.

2-21    (c) Adopt and enforce all rules, regulations and standards necessary or

2-22  convenient to carry out and enforce the provisions of this chapter.

2-23    (d) Adopt regulations to carry out the provisions of NRS 369.462 to

2-24  369.468, inclusive, 369.486 and 369.488.

2-25    Sec. 3.  NRS 369.487 is hereby amended to read as follows:

2-26    369.487  Except as otherwise provided in NRS 597.240, and section 1

2-27  of this act, no retailer or retail liquor dealer may purchase any liquor from

2-28  other than a state-licensed wholesaler.

2-29    Sec. 4.  NRS 369.488 is hereby amended to read as follows:

2-30    369.488  1.  [A] Except as otherwise provided in section 1 of this act,

2-31  a retailer may purchase liquor only from:

2-32    (a) The importer designated by the supplier pursuant to NRS 369.386 to

2-33  import that liquor if that importer is also a wholesaler; or

2-34    (b) A wholesaler who purchased liquor from the importer designated by

2-35  the supplier pursuant to NRS 369.386 to import that liquor.

2-36    2.  As used in this section, “supplier” means the brewer, distiller,

2-37  manufacturer, producer, vintner or bottler of liquor.

2-38    Sec. 5.  NRS 369.540 is hereby amended to read as follows:

2-39    369.540  1.  The department shall enforce the provisions of this

2-40  chapter.

2-41    2.  Sheriffs, within their counties, and all other police officers of the

2-42  State of Nevada are charged with the duty of assisting in the enforcement

2-43  of this chapter without further compensation.

2-44    Sec. 6.  NRS 369.550 is hereby amended to read as follows:

2-45    369.550  1.  Except as otherwise expressly provided in this chapter,

2-46  any person violating any of the provisions of this chapter or knowingly

2-47  violating any [lawful] regulation of the department made for the

2-48  enforcement of [its] the provisions of this chapter shall be punished, upon

2-49  conviction thereof, as for a misdemeanor.

3-1    2.  Any person violating any of the provisions of this chapter or

3-2  knowingly violating any regulation of the department made for the

3-3  enforcement of the provisions of this chapter is liable to the department

3-4  for a civil penalty of not more than $1,000 for each violation. The civil

3-5  penalty prescribed in this subsection is in addition to any criminal

3-6  penalty or other remedy or penalty available for the same conduct.

3-7    Sec. 7.  NRS 597.220 is hereby amended to read as follows:

3-8    597.220  1.  Any person who is engaged in the business of importing

3-9  or wholesaling alcoholic beverages in the State of Nevada shall not engage

3-10  in the business of retailing alcoholic beverages in this state.

3-11    2.  For the purposes of this section, a person who transfers or

3-12  receives alcoholic beverages in the manner described in section 1 of this

3-13  act must not be considered to be engaged in the business of wholesaling

3-14  alcoholic beverages based solely upon those transfers.

3-15    Sec. 8.  1.  There is hereby appropriated from the state general fund

3-16  to the department of taxation to monitor compliance with chapter 369 of

3-17  NRS:

3-18    For the fiscal year 2001-2002................... $10,000

3-19    For the fiscal year 2002-2003................... $10,000

3-20    2.  Any balance of the sums appropriated by subsection 1 remaining at

3-21  the end of the respective fiscal years must not be committed for

3-22  expenditure after June 30 of the respective fiscal years and reverts to the

3-23  state general fund as soon as all payments of money committed have been

3-24  made.

3-25    Sec. 9.  The provisions of this act do not apply to conduct that

3-26  occurred before the effective date of this act.

3-27    Sec. 10.  This act becomes effective upon passage and approval.

 

3-28  H