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 section 1, page 2, by deleting lines 3
through 5 and inserting:
“the brewer, distiller,
manufacturer, producer, vintner or bottler of the liquor, or a designated agent
of such a person, has not designated an importer to import the liquor into this
state; or”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. NRS 369.4865 is hereby amended to read as follows:
369.4865 1. [A] Except as otherwise provided in subsection 2, a retail liquor store that holds a nonrestricted license may transfer an original package of liquor to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:
(a) Each retail liquor store:
(1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and
(2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;
(b) The initial retail liquor store:
(1) Obtained the original package of liquor in compliance with the provisions of this chapter;
(2) Is an affiliate of the retail liquor store that receives the transfer; and
(3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;
(c) Immediately before the transfer, the original package of liquor is located at the initial retail liquor store; and
(d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.
2. A retail liquor store that holds a nonrestricted license may transfer an original package of beer to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of beer pursuant to the transfer, if the wholesale dealer of the beer authorizes, in writing, the nonrestricted licensee to make such a transfer.
3. A transfer authorized by this section shall not be deemed a sale.
[3.] 4. A retail liquor store that transfers or receives an original package of liquor as authorized by this section:
(a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.
(b) Notwithstanding the provisions of subsection 5 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.
[4.] 5. As used in this section:
(a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.
(b) [“Liquor” does not include beer.
(c)]“Marketing area” has the meaning ascribed to it in NRS 597.136.
[(d)] (c) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 6 and adding a new section designated sec. 5, following sec. 3, to read as follows:
“Sec. 5. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 228.380, the Attorney General shall enforce the provisions of NRS 597.120 to 597.260, inclusive, and shall cause appropriate legal action to be taken to enforce those provisions.
2. This section does not prohibit:
(a) A wholesaler from bringing an action against a supplier pursuant to NRS 597.170.
(b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.”.
Amend the title of the bill by deleting the first and second lines and inserting:
“AN ACT relating to alcoholic beverages; revising the definition of “supplier” for the purposes of the tax on and the sale of liquor; authorizing a retail liquor store that holds a nonrestricted license to transfer an original package of beer to another retail liquor store that holds a nonrestricted license under certain circumstances; requiring the Attorney General to enforce certain provisions governing the sale of alcoholic beverages; and”.