Senate Bill No. 91–Committee on Judiciary

 

(On Behalf of the Nevada Sheriffs
and Chiefs Association)

 

February 11, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Removes element of knowledge from crime of selling, giving or furnishing alcoholic beverage to person under 21 years of age. (BDR 15‑319)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 alcoholic beverages; removing the element of knowledge from the crime of selling, giving or furnishing an alcoholic beverage to any person under 21 years of age; 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 202.055 is hereby amended to read as follows:

1-2  202.055  1.  Every person who : [knowingly:]

1-3  (a) Sells, gives or otherwise furnishes an alcoholic beverage to

1-4  any person under 21 years of age;

1-5  (b) Leaves or deposits any alcoholic beverage in any place with

1-6  the intent that it will be procured by any person under 21 years of

1-7  age; or

1-8  (c) Furnishes, gives, or causes to be given any money or thing of

1-9  value to any person under 21 years of age with the knowledge that

1-10  the money or thing of value is to be used by the person under 21

1-11  years of age to purchase or procure any alcoholic beverage,

1-12  is guilty of a misdemeanor.

1-13      2.  Paragraph (a) of subsection 1 does not apply to a parent,

1-14  guardian or physician of the person under 21 years of age.

2-1  3.  Every person who sells, gives or otherwise furnishes

2-2  alcoholic beverages through the use of the Internet shall adopt a

2-3  policy to prevent a person under 21 years of age from obtaining an

2-4  alcoholic beverage from the person through the use of the Internet.

2-5  The policy must include, without limitation, a method for ensuring

2-6  that the person who delivers the alcoholic beverages obtains the

2-7  signature of a person who is over the age of 21 years when

2-8  delivering the beverages and that the packaging or wrapping of the

2-9  alcoholic beverages when they are shipped is clearly marked with

2-10  words that describe the alcoholic beverages. A person who fails to

2-11  adopt a policy pursuant to this subsection is guilty of a misdemeanor

2-12  and shall be punished by a fine of not more than $500.

2-13      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-14  H