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 deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A supplier shall not enter into a contract or other agreement with a retail cigarette dealer that directly or indirectly:
(a) Requires the retail cigarette dealer to:
(1) Allocate to the supplier for any purpose all or any portion of the retail cigarette dealer’s cigarette category space or the contents thereof stated as a specific percentage or fraction;
(2) Engage in any conduct or action as a condition for participating in or receiving payments under a consumer price discount program or consumer promotion program of the supplier, except that the contract or agreement may require the retail cigarette dealer to provide the discount or promotion to a consumer, or to advertise and display the promotion and the promoted or discounted product to consumers; or
(3) Increase his prices for a cigarette product; or
(b) Limits or prohibits the retail cigarette dealer from:
(1) Determining the size or location of his cigarette category space;
(2) Participating in or engaging in conduct relating to any promotion, program or other activity relating to the sale, stocking, display, merchandising, pricing or advertising of any product of another supplier;
(3) Stocking or selling a cigarette product; or
(4) Retaining or reducing his prices concerning a cigarette product.
2. A supplier shall reimburse a retail cigarette dealer for any consumer price discount or consumer promotion provided to a consumer within 90 days after the expiration of the program for the consumer price discount or consumer promotion. Any reimbursement required pursuant to this subsection is contingent upon compliance by the retail cigarette dealer with the terms of the contract for the consumer price discount or consumer promotion, including any terms relating to maintaining adequate documentation and accounting for the results of the discount or promotion.
3. As used in this section:
(a) “Cigarette” means all rolled tobacco or substitutes therefor wrapped in paper or any substitute other than tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient.
(b) “Cigarette category space” means all or any portion of the premises of a retail cigarette dealer or any other space of a retail cigarette dealer that is reserved, identified, used or otherwise made available to display, stock, store, promote, advertise or maintain cigarettes or cigarette products or signs, advertisements, display materials, promotions or any other statements relating to cigarettes or cigarette products.
(c) “Promotion” means a promotion, solicitation or notification that induces or attempts to induce a person to purchase cigarettes or cigarette products.
(d) “Retail cigarette dealer” means any person who offers to sell cigarettes at retail or who is engaged in selling cigarettes at retail. The term does not include a store that:
(1) Has at least 17,000 square feet of indoor retail space; and
(2) Is principally devoted to the sale of food for human consumption off the premises.
(e) “Supplier” means any cigarette manufacturer or importer who, directly or indirectly through an agent, representative, broker or distributor, supplies, sells or delivers to a retail cigarette dealer in this state, or offers to supply, sell or deliver to a retail cigarette dealer in this state, any cigarettes or any advertisement, merchandising or promotion relating to the sale of cigarettes.”.
Amend the title of the bill to read as follows:
“AN ACT relating to cigarettes; prohibiting a supplier of cigarettes from entering into a contract or other agreement with a retail cigarette dealer under certain circumstances; requiring a supplier of cigarettes to reimburse a retail cigarette dealer for any consumer price discount or consumer promotion within a certain period after the expiration of the program for the consumer price discount or consumer promotion; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing certain agreements for sale of cigarettes. (BDR 52‑186)”.