ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local law enforcement agency may conduct random, unannounced inspections at locations within its jurisdiction where alcoholic beverages are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.055.
2. For assistance in conducting any such inspection, the local law enforcement agency may enter into an agreement with:
(a) The Attorney General; or
(b) Any other person who will, in the opinion of the law enforcement agency, perform the inspection in a fair and impartial manner.
3. If the inspector desires to enlist the assistance of a child under 18 years of age for such an inspection, the inspector shall obtain the written consent of the child’s parent for such assistance.
4. A person under 21 years of age assisting in an inspection pursuant to this section shall, if questioned about his age, state his true age and that he is under 21 years of age.
5. If a person under 21 years of age is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the person’s appearance to make him appear to be 21 years of age or older.
(b) Photograph the person immediately before the inspection is to occur and retain any photographs taken of the person pursuant to this paragraph.
6. The person supervising an inspection using the assistance of a person under 21 years of age shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the person attempted to purchase an alcoholic beverage that an inspection has been performed and of the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include, without limitation:
(1) The name of the person who supervised the inspection and the position held by him;
(2) The age and date of birth of the person under 21 years of age who assisted in the inspection;
(3) The name and position of the person from whom the person under 21 years of age attempted to purchase the alcoholic beverage;
(4) The name and address of the establishment at which the person under 21 years of age attempted to purchase the alcoholic beverage;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of an alcoholic beverage to the person under 21 years of age.
7. No civil or criminal action based upon an alleged violation of NRS 202.055 may be brought as a result of an inspection for compliance in which the assistance of a person under 21 years of age has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
Sec. 2. NRS 202.015 is hereby amended to read as follows:
202.015 For the purposes of NRS 202.015 to 202.065, inclusive, and section 1 of this act, “alcoholic beverage” means:
1. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of 1 percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
2. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of 1 percent of alcohol by volume.
3. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.”.
Amend section 1, page 2, by deleting lines 15 through 17 and inserting:
“4. Upon the written request of a local law enforcement agency, the Attorney General may investigate and prosecute any violation of this section.”.
Amend the title of the bill to read as follows:
“AN ACT relating to alcoholic beverages; authorizing a local law enforcement agency to conduct random inspections to enforce compliance with certain laws pertaining to the sale of alcoholic beverages; authorizing the Attorney General to investigate and prosecute the sale or distribution of an alcoholic beverage to a person under 21 years of age in certain circumstances; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: