Assembly Bill No. 108–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides that Attorney General has concurrent jurisdiction with certain agencies to investigate and prosecute sale or distribution of alcoholic beverage to person under 21 years of age. (BDR 15‑436)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 alcoholic beverages; providing that the Attorney General has concurrent jurisdiction with certain agencies to investigate and prosecute the sale or distribution of an alcoholic beverage to a person under 21 years of age; 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. NRS 202.055 is hereby amended to read as follows:

1-2  202.055  1.  Every person who knowingly:

1-3  (a) Sells, gives or otherwise furnishes an alcoholic beverage to

1-4  any person under 21 years of age;

1-5  (b) Leaves or deposits any alcoholic beverage in any place with

1-6  the intent that it will be procured by any person under 21 years of

1-7  age; or

1-8  (c) Furnishes, gives, or causes to be given any money or thing of

1-9  value to any person under 21 years of age with the knowledge that

1-10  the money or thing of value is to be used by the person under 21

1-11  years of age to purchase or procure any alcoholic beverage,

1-12  is guilty of a misdemeanor.

2-1  2.  Paragraph (a) of subsection 1 does not apply to a parent,

2-2  guardian or physician of the person under 21 years of age.

2-3  3.  Every person who sells, gives or otherwise furnishes

2-4  alcoholic beverages through the use of the Internet shall adopt a

2-5  policy to prevent a person under 21 years of age from obtaining an

2-6  alcoholic beverage from the person through the use of the Internet.

2-7  The policy must include, without limitation, a method for ensuring

2-8  that the person who delivers the alcoholic beverages obtains the

2-9  signature of a person who is over the age of 21 years when

2-10  delivering the beverages and that the packaging or wrapping of the

2-11  alcoholic beverages when they are shipped is clearly marked with

2-12  words that describe the alcoholic beverages. A person who fails to

2-13  adopt a policy pursuant to this subsection is guilty of a misdemeanor

2-14  and shall be punished by a fine of not more than $500.

2-15      4.  The Attorney General has concurrent jurisdiction with the

2-16  district attorneys of this state and any other law enforcement

2-17  agency to investigate and prosecute any violation of this section.

 

2-18  H