Senate Bill No. 373–Senator Schneider

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises certain provisions governing importation of liquor. (BDR 32‑858)

 

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 intoxicating liquor; revising certain provisions governing the importation of liquor; 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 369.450 is hereby amended to read as follows:

1-2  369.450  1.  [The Department shall make regulations and

1-3  provide forms for distribution free of charge to all persons qualified

1-4  as importers of liquor, to be filled out by exporters and carriers of

1-5  liquor consigned to points in this state as evidence for consideration

1-6  respecting the legality of such transactions.

1-7  2.] Every common carrier by special permit shall [have with

1-8  his or its agent or servant in immediate charge, or in the records of

1-9  the carrier, of every shipment of liquor into this state,] make

1-10  available to the Department a statement or freight bill for every

1-11  shipment of liquor into this state, showing:

1-12      (a) The names of the consignor, consignee and carrier[.] of the

1-13  shipment;

1-14      (b) The date when and place where the shipment was received

1-15  [.] ; and

1-16      (c) The destination[.

1-17      (d) The number identifying the railroad car, truck or other

1-18  conveyance used.

2-1  (e) The quantity and kind of liquor in the shipment, as the case

2-2  may be, according to the designation of kind and quantity of liquor

2-3  appearing on the statement or freight bill.

2-4  3.] of the shipment.

2-5  2.  The Department may [make rules requiring the] adopt

2-6  regulations requiring:

2-7  (a) The carrier to cause the consignee to sign a statement or a

2-8  postcard, which [statement or postcard shall] must be furnished by

2-9  the Department to the carrier without expense, for the receipt of

2-10  each such shipment before the carrier permits the consignee to

2-11  remove [any such] the shipment from the point of destination or

2-12  possession of the carrier[, and to cause the carrier] ; and

2-13      (b) The consignor, upon the receipt of any such statement or

2-14  postcard after it has been signed by the consignee, to forward

2-15  [such] the statement or postcard to the Department . [after having

2-16  been so signed by the consignee.

2-17      4.] 3.  No liquor [shall] may be imported into this state except

2-18  by common carrier, contract carrier regularly operating as such, or a

2-19  carrier having a special permit [so to do in the case of each

2-20  shipment.

2-21      5.] to do so.

2-22      4.  By special permit, the Department may authorize the

2-23  transportation of liquor within this state by means of a conveyance

2-24  owned and operated by a licensed importer, or a conveyance owned

2-25  and operated by another, not being a common carrier or a regularly

2-26  operating contract carrier. As a condition of such permit the

2-27  Department may require that a sign be carried on such conveyance

2-28  in letters at least 3 inches high, stating that [such] the conveyance is

2-29  carrying wholesale liquor by special permit. Such carriers by special

2-30  permit [shall be governed by] are subject to the same rules

2-31  respecting reports and deliveries of import liquors as [in the case of]

2-32  are common carriers and regularly operating contract carriers.

2-33      Sec. 2.  NRS 369.4865 is hereby amended to read as follows:

2-34      369.4865  1.  A retail liquor store that holds a nonrestricted

2-35  license may transfer an original package of liquor to another retail

2-36  liquor store that holds a nonrestricted license, and that other retail

2-37  liquor store may receive the original package of liquor pursuant to

2-38  the transfer, if:

2-39      (a) Each retail liquor store:

2-40          (1) Holds its nonrestricted license for the purposes set forth

2-41  in subsection 2 of NRS 463.0177; and

2-42          (2) Is in the marketing area of the wholesale dealer from

2-43  which the original package of liquor was obtained by the initial

2-44  retail liquor store;

2-45      (b) The initial retail liquor store:

3-1       (1) Obtained the original package of liquor in compliance

3-2  with the provisions of this chapter;

3-3       (2) Is an affiliate of the retail liquor store that receives the

3-4  transfer; and

3-5       (3) Does not charge the retail liquor store that receives the

3-6  transfer for the original package of liquor;

3-7  (c) Immediately before the transfer, the original package of

3-8  liquor is located at the initial retail liquor store; and

3-9  (d) Pursuant to the transfer, the original package of liquor is

3-10  transported from the initial retail liquor store to the other retail

3-11  liquor store.

3-12      2.  A transfer authorized by this section shall not be deemed a

3-13  sale.

3-14      3.  A retail liquor store that transfers or receives an original

3-15  package of liquor as authorized by this section:

3-16      (a) Shall not be deemed to be engaged in business as a

3-17  wholesale dealer based upon the transfer authorized by this section.

3-18      (b) Notwithstanding the provisions of subsection [5] 4 of NRS

3-19  369.450, may transport the original package of liquor from the

3-20  initial retail liquor store to the other retail liquor store without a

3-21  special permit for such transportation.

3-22      4.  As used in this section:

3-23      (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

3-24      (b) “Liquor” does not include beer.

3-25      (c) “Marketing area” has the meaning ascribed to it in

3-26  NRS 597.136.

3-27      (d) “Nonrestricted license” has the meaning ascribed to it in

3-28  NRS 463.0177.

 

3-29  H