(Reprinted with amendments adopted on April 21, 2003)

 

Senate Bill No. 373–Senator Schneider

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises certain provisions governing importation of liquor by common or contract carrier. (BDR 32‑858)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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 by a common or contract carrier; 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,] and every

1-10  regularly operating contract carrier shall make available to the

1-11  Department a statement or freight bill for every shipment of liquor

1-12  into this state, showing:

1-13      (a) The names of the consignor, consignee and carrier[.] of the

1-14  shipment;

1-15      (b) The date when and place where the shipment was received

1-16  [.] ; and

1-17      (c) The destination[.

2-1  (d) The number identifying the railroad car, truck or other

2-2  conveyance used.

2-3  (e) The quantity and kind of liquor in the shipment, as the case

2-4  may be, according to the designation of kind and quantity of liquor

2-5  appearing on the statement or freight bill.

2-6  3.] of the shipment.

2-7  2.  The Department may [make rules requiring the carrier to

2-8  cause the consignee to sign a statement or a postcard, which

2-9  statement or postcard shall be furnished by the Department to the

2-10  carrier without expense,] adopt regulations requiring:

2-11      (a) The carrier to:

2-12          (1) Cause a person who is at least 21 years of age to sign

2-13  for the receipt of each such shipment by the consignee, and to sign

2-14  a document confirming the delivery of the shipment to the

2-15  consignee, before the carrier permits the consignee to remove [any

2-16  such] the shipment from the point of destination or possession of the

2-17  carrier[, and to cause the carrier to forward such statement or

2-18  postcard to the Department after having been so signed by the

2-19  consignee.

2-20      4.] ; and

2-21          (2) Forward to the consignor the signed document

2-22  confirming the delivery of the shipment to the consignee; and

2-23      (b) The consignor to forward to the Department the signed

2-24  document confirming the delivery of the shipment to the

2-25  consignee.

2-26      3. No liquor [shall] may be imported into this state except by a

2-27  common carrier, a regularly operating contract carrier [regularly

2-28  operating as such,] or a carrier having a special permit [so to do in

2-29  the case of each shipment.

2-30      5.] to do so.

2-31      4.  By special permit, the Department may authorize the

2-32  transportation of liquor within this state by means of a conveyance

2-33  owned and operated by a licensed importer, or a conveyance owned

2-34  and operated by another, not being a common carrier or a regularly

2-35  operating contract carrier. As a condition of such permit the

2-36  Department may require that a sign be carried on such conveyance

2-37  in letters at least 3 inches high, stating that [such] the conveyance is

2-38  carrying wholesale liquor by special permit. Such carriers by special

2-39  permit [shall be governed by] are subject to the same rules

2-40  respecting reports and deliveries of import liquors as [in the case of]

2-41  are common carriers and regularly operating contract carriers.

2-42      5.  As used in this section:

2-43      (a) “Common carrier” means a person who undertakes for

2-44  hire, as a regular business, the transportation of liquor from place

3-1  to place, and who offers its services to all who choose to employ it

3-2  and to pay its charges therefor.

3-3  (b) “Regularly operating contract carrier” means a person

3-4  who, as a regular business, transports liquor from place to place

3-5  pursuant to continuing contractual obligations.

3-6  Sec. 2.  NRS 369.4865 is hereby amended to read as follows:

3-7  369.4865  1.  A retail liquor store that holds a nonrestricted

3-8  license may transfer an original package of liquor to another retail

3-9  liquor store that holds a nonrestricted license, and that other retail

3-10  liquor store may receive the original package of liquor pursuant to

3-11  the transfer, if:

3-12      (a) Each retail liquor store:

3-13          (1) Holds its nonrestricted license for the purposes set forth

3-14  in subsection 2 of NRS 463.0177; and

3-15          (2) Is in the marketing area of the wholesale dealer from

3-16  which the original package of liquor was obtained by the initial

3-17  retail liquor store;

3-18      (b) The initial retail liquor store:

3-19          (1) Obtained the original package of liquor in compliance

3-20  with the provisions of this chapter;

3-21          (2) Is an affiliate of the retail liquor store that receives the

3-22  transfer; and

3-23          (3) Does not charge the retail liquor store that receives the

3-24  transfer for the original package of liquor;

3-25      (c) Immediately before the transfer, the original package of

3-26  liquor is located at the initial retail liquor store; and

3-27      (d) Pursuant to the transfer, the original package of liquor is

3-28  transported from the initial retail liquor store to the other retail

3-29  liquor store.

3-30      2.  A transfer authorized by this section shall not be deemed a

3-31  sale.

3-32      3.  A retail liquor store that transfers or receives an original

3-33  package of liquor as authorized by this section:

3-34      (a) Shall not be deemed to be engaged in business as a

3-35  wholesale dealer based upon the transfer authorized by this section.

3-36      (b) Notwithstanding the provisions of subsection [5] 4 of NRS

3-37  369.450, may transport the original package of liquor from the

3-38  initial retail liquor store to the other retail liquor store without a

3-39  special permit for such transportation.

3-40      4.  As used in this section:

3-41      (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

3-42      (b) “Liquor” does not include beer.

3-43      (c) “Marketing area” has the meaning ascribed to it in

3-44  NRS 597.136.

4-1  (d) “Nonrestricted license” has the meaning ascribed to it in

4-2  NRS 463.0177.

 

4-3  H