Assembly Bill No. 437–Assemblymen Christensen, Knecht, Claborn, Ohrenschall, Koivisto, Anderson, Andonov, Angle, Atkinson, Beers, Brown, Carpenter, Chowning, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Perkins, Pierce, Sherer, Weber and Williams (by request)
March 17, 2003
____________
Joint
Sponsors: Senators Townsend, Rawson, Rhoads
and Washington
____________
Referred to Committee on Taxation
SUMMARY—Revises definition of “supplier” for purposes of tax on and sale of liquor. (BDR 32‑1161)
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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. NRS 369.111 is hereby amended to read as follows:
2-2 369.111 As used in this chapter, “supplier” means, with respect
2-3 to liquor which is brewed, distilled, fermented, manufactured,
2-4 produced or bottled:
2-5 1. Outside the United States[, the] :
2-6 (a) The brewer, distiller, manufacturer, producer, vintner or
2-7 bottler of the liquor, or his designated agent; or
2-8 (b) The owner of the liquor when it is first transported into any
2-9 area under the jurisdiction of the United States Government[;] , if
2-10 the brewer, distiller, manufacturer, producer, vintner or bottler of
2-11 the liquor, or a designated agent of such a person, has not
2-12 designated an importer to import the liquor into this state; or
2-13 2. Within the United States but outside this state, the brewer,
2-14 distiller, manufacturer, producer, vintner or bottler of the liquor, or
2-15 his designated agent.
2-16 Sec. 2. NRS 369.486 is hereby amended to read as follows:
2-17 369.486 1. A wholesaler who is not the importer designated
2-18 by the supplier pursuant to NRS 369.386 may purchase liquor only
2-19 from:
2-20 (a) The importer designated by the supplier pursuant to NRS
2-21 369.386 to import that liquor; or
2-22 (b) A wholesaler who purchased the liquor from the importer
2-23 designated by the supplier pursuant to NRS 369.386 to import that
2-24 liquor.
2-25 2. As used in this section, “supplier” means the brewer,
2-26 distiller, manufacturer, producer, vintner or bottler of liquor[.] , or
2-27 his designated agent.
2-28 Sec. 3. NRS 369.4865 is hereby amended to read as follows:
2-29 369.4865 1. [A] Except as otherwise provided in subsection
2-30 2, a retail liquor store that holds a nonrestricted license may transfer
2-31 an original package of liquor to another retail liquor store that holds
2-32 a nonrestricted license, and that other retail liquor store may receive
2-33 the original package of liquor pursuant to the transfer, if:
2-34 (a) Each retail liquor store:
2-35 (1) Holds its nonrestricted license for the purposes set forth
2-36 in subsection 2 of NRS 463.0177; and
2-37 (2) Is in the marketing area of the wholesale dealer from
2-38 which the original package of liquor was obtained by the initial
2-39 retail liquor store;
2-40 (b) The initial retail liquor store:
2-41 (1) Obtained the original package of liquor in compliance
2-42 with the provisions of this chapter;
2-43 (2) Is an affiliate of the retail liquor store that receives the
2-44 transfer; and
3-1 (3) Does not charge the retail liquor store that receives the
3-2 transfer for the original package of liquor;
3-3 (c) Immediately before the transfer, the original package of
3-4 liquor is located at the initial retail liquor store; and
3-5 (d) Pursuant to the transfer, the original package of liquor is
3-6 transported from the initial retail liquor store to the other retail
3-7 liquor store.
3-8 2. A retail liquor store that holds a nonrestricted license may
3-9 transfer an original package of beer to another retail liquor store
3-10 that holds a nonrestricted license, and that other retail liquor store
3-11 may receive the original package of beer pursuant to the transfer,
3-12 if the wholesale dealer of the beer authorizes, in writing, the
3-13 nonrestricted licensee to make such a transfer.
3-14 3. A transfer authorized by this section shall not be deemed a
3-15 sale.
3-16 [3.] 4. A retail liquor store that transfers or receives an original
3-17 package of liquor as authorized by this section:
3-18 (a) Shall not be deemed to be engaged in business as a
3-19 wholesale dealer based upon the transfer authorized by this section.
3-20 (b) Notwithstanding the provisions of subsection 5 of NRS
3-21 369.450, may transport the original package of liquor from the
3-22 initial retail liquor store to the other retail liquor store without a
3-23 special permit for such transportation.
3-24 [4.] 5. As used in this section:
3-25 (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.
3-26 (b) [“Liquor” does not include beer.
3-27 (c)]“Marketing area” has the meaning ascribed to it in NRS
3-28 597.136.
3-29 [(d)] (c) “Nonrestricted license” has the meaning ascribed to it
3-30 in NRS 463.0177.
3-31 Sec. 4. NRS 369.488 is hereby amended to read as follows:
3-32 369.488 1. Except as otherwise provided in NRS 369.4865, a
3-33 retailer may purchase liquor only from:
3-34 (a) The importer designated by the supplier pursuant to NRS
3-35 369.386 to import that liquor if that importer is also a wholesaler; or
3-36 (b) A wholesaler who purchased liquor from the importer
3-37 designated by the supplier pursuant to NRS 369.386 to import that
3-38 liquor.
3-39 2. As used in this section, “supplier” means the brewer,
3-40 distiller, manufacturer, producer, vintner or bottler of liquor[.] , or
3-41 his designated agent.
3-42 Sec. 5. Chapter 597 of NRS is hereby amended by adding
3-43 thereto a new section to read as follows:
3-44 1. Except as otherwise provided in NRS 228.380, the Attorney
3-45 General shall enforce the provisions of NRS 597.120 to 597.260,
4-1 inclusive, and shall cause appropriate legal action to be taken to
4-2 enforce those provisions.
4-3 2. This section does not prohibit:
4-4 (a) A wholesaler from bringing an action against a supplier
4-5 pursuant to NRS 597.170.
4-6 (b) A customer, supplier or wholesaler from bringing an action
4-7 against a retailer pursuant to NRS 597.260.
4-8 Sec. 6. This act becomes effective on July 1, 2003.
4-9 H