Kratom laws in Nevada

Prohibited
acts relating to sale, preparation, distribution or advertisement of kratom
products or products containing kratom.
_________
NOTE:
Sections 2 to 31, inclusive, of
chapter 611, Statutes of Nevada 2019, at p. 3985 have been codified as NRS 657A.100 to 657A.620 , inclusive.
LEASE OF PERSONAL PROPERTY WITH OPTION TO PURCHASE
NRS 597.010 Definitions. As
used in NRS 597.010 to 597.110 , inclusive, unless the context
otherwise requires:
1.
Consummation
means the time at which
a customer becomes contractually obligated under a lease agreement with an
option to purchase.
2.
Customer
means a natural person who
leases personal property which is to be used primarily for personal, family or
household purposes pursuant to a lease agreement with an option to purchase.
3.
Lease agreement with an option to
purchase
means an agreement:
(a) For the possession and use of personal
property by a natural person primarily for personal, family or household
purposes, for an initial period of not more than 4 months;
(b) That is automatically renewable with each
payment made after the initial period;
(c) That does not obligate or require the
customer to continue leasing or using the property beyond the initial period;
and
(d) That permits the customer to acquire the
ownership of the property.
4.
Lessor
means a person who regularly
provides the possession and use of property pursuant to a lease agreement with
an option to purchase and to whom rental payments are initially payable as
indicated on the face of the agreement.
(Added to NRS by 1991,
515 )
NRS 597.020 Applicability of laws.
1. A lease agreement with an option to
purchase which complies with the provisions of NRS 597.010 to 597.110 , inclusive, is exempt from the
provisions of law governing:
(a) A security interest as defined in NRS 104.1201 .
(b) A door-to-door sale as defined in NRS 598.180 .
(c) The sale of consumer goods as defined in NRS 104.9102 .
2. The provisions of NRS 597.010 to 597.110 , inclusive, do not apply to:
(a) A lease agreement with an option to purchase
entered into primarily for business, commercial or agricultural purposes.
(b) A lease agreement with an option to purchase
made with any governmental agency.
(c) The lease of a safe deposit box.
(d) A lease or bailment of personal property
which is incidental to the lease of real property and which does not provide
the customer with an option to purchase the leased property.
(e) The lease of a motor vehicle.
(Added to NRS by 1991,
516 ; A 1999,
393 ; 2005,
885 )
NRS 597.030 Lease agreement: Disclosures required; exception to requirement;
provision of copy to customer.
1. Except as otherwise provided in
subsection 2, a lease agreement with an option to purchase must contain the
following disclosures, if applicable:
(a) The total number and total amount of all
payments which are necessary to acquire ownership of the leased property, and
the dates on which those payments are due.
(b) A statement that the customer will not own
the leased property until he or she makes all of the payments necessary to
acquire ownership.
(c) A statement that the customer is responsible
for the fair market value of the leased property if it is lost, stolen, damaged
or destroyed.
(d) A brief description of the leased property
which is sufficient to identify the property to the customer and lessor,
including:
(1) The identification number of the
property, if available; and
(2) A statement indicating whether the
property is new or used. It is not a violation of this section to indicate that
new property is used.
(e) A brief description of any damage to the
leased property.
(f) A statement of the price at which the lessor
will sell the leased property to the customer for cash on the date of the
agreement. If at least five items are leased as a set in a single agreement,
the aggregate price of all of the items leased may be indicated.
(g) The total amount of the payments required to
be paid at or before the consummation of the agreement or the delivery of the
leased property, whichever is later.
(h) A statement that the total amount of all
payments required to be paid does not include other fees which may be charged.
(i) A statement of all other fees which may be
charged, including, but not limited to, fees for:
(1) The failure to make timely payments.
(2) Defaulting on the agreement.
(3) Reinstating the agreement.
(4) Returning the leased property to the
lessor.
(j) A summary of the terms of the customer
s
option to purchase the leased property, including a statement that the customer
has the right to purchase the leased property at any time before the
termination of the lease, and the price at which the property may be so
purchased.
(k) A statement identifying the person who is
responsible for maintaining and servicing the property while it is being
leased, and a description of that responsibility.
(l) A statement that if any part of the
manufacturer
s express warranty covers the leased property when the customer
acquires ownership of the property, it will be transferred to the customer if
allowed by the terms of the warranty.
(m) The date of the transaction and the names of
the customer and lessor.
(n) A statement that the customer may terminate
the agreement without penalty by voluntarily surrendering or returning the leased
property in good repair at the expiration of the term of the lease, and paying
any rental payments that are past due.
(o) A notice of the customer
s right to reinstate
the agreement pursuant to NRS 597.070 .
2. A lessor is not required to comply with
the provisions of this section if the transaction is governed by Part E of the
Consumer Credit Protection Act, 15 U.S.C.
1667 to 1667e, inclusive, and the
lessor complies with the requirements of those sections and the regulations
adopted pursuant thereto.
3. The lessor shall provide the customer
with a copy of the lease agreement with an option to purchase.
(Added to NRS by 1991,
516 )
NRS 597.040 Required disclosures: Manner of making; transactions with
multiple lessors; effect of inaccuracy caused by customer.
1. The disclosures required to be made by NRS 597.030 must be made:
(a) At or before the consummation of the lease
agreement with an option to purchase; and
(b) Clearly and conspicuously in writing on the
face of the agreement, directly above the line for the customer
s signature.
2. In a transaction involving more than
one lessor, only one lessor is required to make the required disclosures, but
all lessors are bound by those disclosures.
3. If a disclosure becomes inaccurate
after it is delivered to the customer because of an act or omission of the
customer, the resulting inaccuracy is not a violation of the provisions of NRS 597.010 to 597.110 , inclusive.
(Added to NRS by 1991,
517 )
NRS 597.050 Lease agreement: Disclosures required upon renegotiation but not
upon extension; when deemed to be renegotiated.
1. The disclosures required by NRS 597.030 :
(a) Must be made if a lease agreement with an
option to purchase is renegotiated.
(b) Are not required to be made if such an
agreement is extended.
2. For the purposes of this section, a
lease agreement with an option to purchase:
(a) Is renegotiated if it is replaced by a new
agreement entered into by the same customer and lessor.
(b) Has not been renegotiated if:
(1) The leased property is exchanged or
added to or individual items are returned and the average payment is not
changed by more than 25 percent;
(2) One or more of the periodic payments
or portions of a periodic payment are deferred or extended;
(3) Any additional fees charged are
reduced; or
(4) It is the subject of a judicial
proceeding.
(Added to NRS by 1991,
518 )
NRS 597.060 Lease agreement: Prohibited provisions. A
lease agreement with an option to purchase may not contain:
1. A confession of judgment.
2. A negotiable instrument.
3. A security interest or any other claim
to an interest in property other than the property delivered by the lessor
pursuant to the agreement.
4. An assignment of wages.
5. A waiver by the customer of any claims
or defenses.
6. A provision authorizing the lessor, or
any other person acting on his or her behalf, to commit any breach of the
peace, in order to repossess the leased property.
(Added to NRS by 1991,
518 )
NRS 597.070 Lease agreement: Reinstatement after customer fails to make
timely payment.
1. A customer who fails to make a timely
payment may reinstate the lease agreement with an option to purchase without
losing any rights or options contained in the agreement if the customer pays to
the lessor:
(a) All payments that are past due;
(b) The reasonable costs of returning the
property to the lessor and redelivering it to the customer, if the leased
property has been returned to the lessor; and
(c) Any applicable fee for making a late payment.
2. The payments required to be made by
subsection 1 must be made within:
(a) Five days after the date for renewing the
agreement if the customer
s payments are required to be made monthly; or
(b) Two days after the date for renewing the
agreement if the customer
s payments are required to be made more frequently.
3. If a customer has paid less than
two-thirds of the total amount of the payments necessary to acquire ownership
of the leased property and, during the time set forth in subsection 2, returns
or voluntarily surrenders the property to the lessor, other than pursuant to a
judicial order, the customer may reinstate the agreement within 21 days after
the date on which the property was returned.
4. If a customer has paid at least
two-thirds of the total amount of the payments necessary to acquire ownership
of the leased property and, during the time set forth in subsection 2, returns
or voluntarily surrenders the property to the lessor, other than pursuant to a
judicial order, the customer may reinstate the agreement within 45 days after
the date on which the property was returned.
5. This section does not prohibit a lessor
from repossessing the leased property during the time allowed for reinstatement.
If the lessor repossesses the leased property during that time:
(a) The repossession does not affect the
customer
s right to reinstate the agreement.
(b) The lessor shall return the property to the
customer or provide the customer with property which is of comparable quality
and in comparable condition if the agreement is reinstated.
(Added to NRS by 1991,
518 )
NRS 597.080 Receipt required for certain payments by customer. A lessor shall give to a customer a written
receipt for each payment made in cash or with a money order.
(Added to NRS by 1991,
519 )
NRS 597.090 Advertisement for lease agreement that refers to payment or
right to acquire ownership: Requirements; exception; liability.
1. An advertisement for a lease agreement with
an option to purchase that refers to or states the amount of any required
payment and the right to acquire ownership of any individual item of property
must clearly and conspicuously indicate:
(a) That the transaction advertised is a lease
agreement with an option to purchase;
(b) The total amount of payments necessary to
acquire ownership of the property; and
(c) That the customer does not acquire ownership
of the property if the total amount of payments is not paid.
2. This section does not apply to an
advertisement for a lease agreement with an option to purchase which is
published in a telephone or business directory.
3. This section does not create any
liability for the acts of a publisher, owner, agent or employee of a newspaper,
magazine, periodical, radio station, television station or other advertising
medium for the publication or dissemination of an advertisement for a lease
agreement with an option to purchase if the publisher, owner, agent or employee
did not know that the advertisement violated the provisions of this section.
4. As used in this section,
advertisement
means the attempt by publication, dissemination, solicitation
or circulation to induce, directly or indirectly, any person to enter into a
lease agreement with an option to purchase.
(Added to NRS by 1991,
519 )
NRS 597.100 Criminal penalty. A
person who willfully and intentionally violates any provision of NRS 597.010 to 597.090 , inclusive, is guilty of a
misdemeanor.
(Added to NRS by 1991,
519 )
NRS 597.110 Civil penalty. Unless
the lease agreement with an option to purchase provides otherwise:
1. In addition to any penalty imposed
pursuant to NRS 597.100 , the lessor or
his or her assignee is liable, except as otherwise provided in subsection 3, in
civil suit to the customer for an amount equal to the actual damages resulting
from a violation of a provision of NRS 597.010
to 597.110 , inclusive, or 25 percent of
the total cost to acquire ownership of the property under the lease agreement,
whichever amount is greater. The court shall award the prevailing party in such
an action attorney
s fees and his or her costs of the action.
2. If the lessor commences a civil suit to
enforce such a lease agreement, the customer may set off or counterclaim
damages in the amount specified in subsection 1 for such a violation.
3. Such a civil penalty may not be imposed
upon a lessor or his or her assignee unless:
(a) The customer has notified the lessor or, if
applicable, his or her assignee in writing of the alleged violation; and
(b) The lessor or assignee does not correct the
violation, if any, within 30 days after receiving the notice.
(Added to NRS by 1991,
519 )
DEALERS OF FARM EQUIPMENT
NRS 597.112 Definitions. As
used in NRS 597.112 to 597.118 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.1123 to 597.114 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 2003,
3399 )
NRS 597.1123
Dealer
defined.
Dealer
means any person who engages in the business of selling inventory.
(Added to NRS by 2003,
3399 )
NRS 597.1127
Dealer agreement
defined.
Dealer
agreement
means an oral or written agreement between a supplier and a dealer
by which:
1. A commercial relationship of definite
duration or continuing indefinite duration is established;
2. The dealer is granted the right to
offer and sell inventory at retail;
3. The dealer constitutes a component of a
system for the distribution of inventory; and
4. The operation of a portion of the
dealer
s business is substantially dependent upon the supplier for a continued
supply of inventory.
(Added to NRS by 2003,
3399 )
NRS 597.113
Inventory
defined.
Inventory
means farm equipment or any attachments or repair parts for that farm
equipment.
(Added to NRS by 2003,
3399 )
NRS 597.1133
Net price
defined.
Net
price
means the price set forth in the price list or catalog of a supplier
which is in effect when a dealer agreement is terminated, less any applicable
trade or cash discounts.
(Added to NRS by 2003,
3400 )
NRS 597.1137
Superseded part
and
superseded repair part
defined.
Superseded part
or
superseded repair part
means a part which has an equivalent function of a part which is available on
the date of the termination of a dealer agreement.
(Added to NRS by 2003,
3400 )
NRS 597.114
Supplier
defined.
Supplier
means:
1. A manufacturer, wholesaler or wholesale
distributor of new inventory;
2. A purchaser of the assets or shares of
a surviving corporation resulting from a merger or liquidation of a supplier;
or
3. A receiver, assignee or trustee of such
a manufacturer, wholesaler or wholesale distributor.
(Added to NRS by 2003,
3400 )
NRS 597.1143 Dealer agreement: Termination, failure to renew or substantial
change of terms for good cause.
1. A supplier shall not terminate, fail to
renew or substantially change the terms of a dealer agreement without good
cause.
2. Except as otherwise provided in this
section, a supplier may terminate or refuse to renew a dealer agreement for
good cause if the supplier provides to the dealer a written notice setting
forth the reasons for the termination or nonrenewal of the dealer agreement at
least 180 days before the termination or nonrenewal of the dealer agreement.
3. A supplier shall include in the written
notice required by subsection 2 an explanation of the deficiencies of the
dealer and the manner in which those deficiencies must be corrected. If the
dealer corrects the deficiencies set forth in the notice within 60 days after
he or she receives the notice, the supplier shall not terminate or fail to
renew the dealer agreement for the reasons set forth in the notice.
4. A supplier shall not terminate or
refuse to renew a dealer agreement based solely on the failure of the dealer to
comply with the requirements of the dealer agreement concerning the share of
the market the dealer was required to obtain unless the supplier has, for not
less than 1 year, provided assistance to the dealer in the dealer
s effort to obtain
the required share of the market.
5. A supplier is not required to comply
with the provisions of subsections 2 and 3 if the supplier terminates or
refuses to renew a dealer agreement for any reason set forth in paragraphs (b)
to (i), inclusive, of subsection 6.
6. As used in this section,
good cause
means:
(a) A dealer fails to comply with the terms of a
dealer agreement, if the terms are not substantially different from the terms
required for other dealers in this State or any other state;
(b) A closeout or sale of a substantial part of
the business assets of a dealer or a commencement of the dissolution or
liquidation of the business assets of the dealer;
(c) A dealer changes its principal place of
business or adds other places of business without the prior approval of the
supplier, which may not be unreasonably withheld;
(d) A dealer substantially defaults under a
chattel mortgage or other security agreement between the dealer and the
supplier;
(e) A guarantee of a present or future obligation
of a dealer to the supplier is revoked or discontinued;
(f) A dealer fails to operate in the normal
course of business for at least 7 consecutive days;
(g) A dealer abandons the dealership;
(h) A dealer pleads guilty or guilty but mentally
ill to, or is convicted of, a felony affecting the business relationship
between the dealer and supplier; or
(i) A dealer transfers a financial interest in
the dealership, a person who has a substantial financial interest in the
ownership or control of the dealership dies or withdraws from the dealership,
or the financial interest of a partner or major shareholder in the dealership
is substantially reduced.
For the
purposes of this section, good cause does not exist if the supplier consents to
any action described in this section.
(Added to NRS by 2003,
3400 ; A 2007,
1465 )
NRS 597.1147 Return of surplus parts to supplier; credit for returned parts.
1. Each year a supplier shall allow each
dealer with whom it has entered into a dealer agreement to return to the
supplier for credit a portion of the surplus parts in the dealer
s inventory.
2. A supplier shall notify each dealer of
the period it has designated for that dealer to submit a list of the surplus
parts the dealer wishes to return and for that dealer to return the surplus parts
to the supplier. The period designated for each dealer for the return of
surplus parts must not be less than 90 days.
3. If a supplier fails to notify a dealer
of the period during which the dealer may return surplus parts within the
preceding 12 months, the supplier shall authorize the return of a dealer
s
surplus parts within 60 days after the supplier receives a request from the
dealer to return the surplus parts.
4. A dealer may return surplus parts equal
to not more than 10 percent of the value of the parts purchased by the dealer
from the supplier during:
(a) The 12-month period immediately preceding the
notice provided to the dealer by the supplier pursuant to subsection 2; or
(b) The month the supplier receives a request
from a dealer pursuant to subsection 3 to return surplus parts to the supplier,
whichever is
applicable.
5. Any part included in the supplier
s
list of returnable parts or any superseded part that is not eligible for return
to the supplier on the date the supplier provides notice to the dealer pursuant
to subsection 2 or the date the supplier receives the dealer
s request pursuant
to subsection 3, whichever is applicable, is eligible for credit as a returned
surplus part. A part which is returned must be in new and undamaged condition
and must have been purchased by the dealer from the supplier to whom it is
returned.
6. The minimum credit allowed for a
returned part is 95 percent of the net price, as set forth in the supplier
s
list of returnable parts on the date the supplier provides notice to the dealer
pursuant to subsection 2 or the date the supplier receives the dealer
s request
pursuant to subsection 3, whichever is applicable.
7. All applicable credit for the returned
parts must be issued or provided to the dealer within 90 days after the
supplier receives the dealer
s returned surplus parts.
8. The provisions of this section:
(a) Do not apply to a supplier that has
established a program for its dealers for the return of surplus repair parts if
the program provides credit of not less than 85 percent of the net price for
the returned repair parts;
(b) Do not prohibit a supplier from charging a
dealer
s account for the amounts previously paid or credited by the supplier as
a discount incident to the dealer
s purchase of goods; and
(c) Do not require a dealer to return for credit
surplus parts to a supplier.
(Added to NRS by 2003,
3401 )
NRS 597.115 Limitations on requirements imposed by supplier upon dealer;
prohibition against certain changes to dealer agreement. A supplier shall not:
1. Require a dealer to accept delivery of
equipment, parts or accessories which the dealer has not ordered unless the
equipment, parts or accessories are required by the supplier for the safe use
of any inventory provided to the dealer by the supplier;
2. Condition the sale of any equipment to
a dealer upon the purchase of additional goods or services, except that a
supplier may require a dealer to purchase those parts which are necessary to
maintain the equipment used in the area where the dealership is located;
3. Prohibit a dealer from purchasing
equipment manufactured by another supplier; or
4. Terminate, fail to renew or
substantially change the terms of a dealer agreement because of a natural
disaster, including a drought in the market area of the dealership, a labor
dispute or any other similar circumstances which are beyond the control of the
dealer.
(Added to NRS by 2003,
3402 )
NRS 597.1153 Repurchase of inventory and equipment by supplier upon
termination of dealer agreement.
1. Except as otherwise provided in this
section, upon the termination of a dealer agreement by a supplier or dealer,
the supplier shall repurchase the inventory held by the dealer on the date of
the termination of the dealer agreement.
2. A supplier who repurchases the
inventory of a dealer pursuant to subsection 1 shall:
(a) Pay the dealer:
(1) One hundred percent of the net price
of all new and undamaged inventory; and
(2) Ninety-five percent of the net price
of new and undamaged superseded repair parts.
(b) Except as otherwise provided in this
paragraph, pay the dealer an amount equal to 5 percent of the net price of all
new and undamaged repair parts returned to the supplier to cover the cost
incurred by the dealer for handling, packing and shipping the superseded repair
parts to the supplier. If the supplier handles, packs and ships the superseded
repair parts, the dealer is not entitled to receive any money for those
services which the supplier performed.
(c) Purchase, at its depreciated value, any
computers, software or telecommunications equipment that the supplier required
the dealer to purchase within the previous 5 years.
(d) Repurchase, at 75 percent of the net cost,
any specialized repair tools purchased if those tools are:
(1) Included in the tool catalog of the
supplier;
(2) Purchased in accordance with the
requirements of the supplier;
(3) Held by the dealer on the date of the
termination of the dealer agreement; and
(4) Complete and in resalable condition.
(e) Repurchase any inventory which is owned by
the supplier and leased, rented or used in demonstrations by the dealer if the
supplier receives an allowance based on the use of such inventory. Inventory
which is used in demonstrations for not more than a total of 50 hours shall be
deemed new inventory. Inventory which is used in demonstrations for more than
50 hours and purchased from the supplier less than 36 months before the
termination of the dealer
s agreement must be repurchased at its depreciated
value, as determined by the supplier and dealer.
3. If the dealer agreement authorizes the
dealer to retain the inventory upon the termination of the dealer agreement,
the dealer may retain any portion of the inventory, except any specialized
tools described in paragraph (d) of subsection 2 which the supplier wishes to
repurchase from the dealer.
4. If the dealer owes any outstanding
debts to the supplier, the amount of the repurchase of the inventory may be set
off or credited to the account of the dealer.
5. Upon payment to the dealer of the
amount for the repurchase of the inventory pursuant to this section, the title
and right of possession to the inventory transfers to the supplier.
(Added to NRS by 2003,
3402 )
NRS 597.1157 Requirements regarding dealer
s reserve account for recourse
after termination of dealer agreement.
1. At the end of each year after the
termination of a dealer agreement, a dealer
s reserve account for recourse,
retail sale or lease contracts may not be debited by a supplier or lender for
any deficiency unless the dealer is given written notice of at least 7 business
days by certified or registered mail, return receipt requested, of any proposed
sale of the inventory which was financed and an opportunity to purchase the
inventory.
2. The dealer must be given quarterly
reports concerning any remaining outstanding recourse contracts. As the
recourse contracts are reduced, any money in the reserve account must be
returned to the dealer in direct proportion to the liabilities outstanding.
(Added to NRS by 2003,
3403 )
NRS 597.116 Limitations on requirements for supplier to repurchase
inventory. The provisions of NRS 597.112 to 597.118 , inclusive, do not require a
supplier to repurchase from a dealer:
1. Any repair part which is not in new and
undamaged condition or, because of its condition, is not resalable as a new
part;
2. Any inventory which the dealer retains
pursuant to subsection 3 of NRS 597.1153 ;
3. Any inventory which is not in new,
undamaged and complete condition;
4. Any inventory which was ordered by the
dealer on or after the date of the termination of the dealer agreement; or
5. Any inventory which was purchased more
than 36 months before the notice of the termination of the dealer agreement is
provided.
(Added to NRS by 2003,
3403 )
NRS 597.1163 Failure of supplier to repurchase inventory. If a supplier fails or refuses to repurchase
and pay a dealer for any inventory the supplier is required to repurchase in
accordance with the provisions of NRS
597.112 to 597.118 , inclusive,
within 60 days after shipment of the inventory to the supplier, the supplier is
liable for:
1. An amount equal to 100 percent of the
net price of the inventory;
2. Any shipping charges paid by the
dealer;
3. Attorney
s fees and court costs; and
4. An amount equal to the interest on the
amount of the net price calculated at the legal rate of interest from the 61st
day after the date of the shipment of the inventory to the supplier.
(Added to NRS by 2003,
3403 )
NRS 597.1167 Death of dealer or majority shareholder of dealer.
1. Upon the death of a dealer or the
majority shareholder of a corporation which operates as a dealer, the supplier
shall, upon the approval or request of the devisee or heir of the dealer or
majority shareholder, repurchase the inventory of the dealer in the manner
prescribed in NRS 597.1153 .
2. The devisee or heir shall, within 1
year after the death of the dealer or majority stockholder, notify the supplier
whether the supplier will be required to repurchase the inventory of the
dealer.
3. A supplier is not required to
repurchase the inventory of the dealer if the devisee or heir and the supplier
enter into a new dealer agreement to operate the dealership.
4. This section does not authorize any
person, including a devisee or heir, to operate a dealership without the
written approval of the supplier.
5. An agreement executed by the supplier
and dealer that sets forth the rights relating to succession to the operation
of the dealership is enforceable without regard to the person who is designated
as the successor to the dealership.
6. As used in this section:
(a)
Devisee
has the meaning ascribed to it in NRS 132.100 .
(b)
Heir
has the meaning ascribed to it in NRS 132.165 .
(Added to NRS by 2003,
3403 )
NRS 597.117 Security interest of supplier in inventory; inspection of
inventory before shipment. The
provisions of NRS 597.112 to 597.118 , inclusive, do not affect any
security interest which a supplier has in the inventory of a dealer. The dealer
and supplier shall each provide a representative to inspect the inventory and
certify its acceptability when packaged for shipment. The failure of the
supplier to provide a representative for the inspection within 60 days shall be
deemed acceptance by the supplier of the inventory returned to the supplier.
(Added to NRS by 2003,
3404 )
NRS 597.1173 Enforcement by dealer.
1. A dealer may bring a civil action for
damages in a court of competent jurisdiction against a supplier who violates
any of the provisions of NRS 597.112 to 597.118 , inclusive, and may recover damages
incurred as a result of any violation committed by the supplier, including
costs and attorney
s fees.
2. A dealer may apply for injunctive
relief for the unlawful termination, nonrenewal or substantial change of the
terms of a dealer agreement.
3. The remedies provided in this section
are in addition to any other remedies provided by law.
(Added to NRS by 2003,
3404 )
NRS 597.1177 Warranty work performed by dealer; payment of warranty claim by
supplier; audit of claim.
1. Except as otherwise provided in this
section, any agreement entered into by a supplier and a dealer concerning
reimbursement for work performed under a warranty, including, without
limitation, a dealer agreement, must comply with the provisions set forth in
this section.
2. A supplier who authorizes a dealer to
perform work under a warranty shall reimburse a dealer who submits a warranty
claim for such work. A dealer may submit a warranty claim to a supplier:
(a) During the period the dealer agreement is in
effect; or
(b) After the termination of a dealer agreement
if the warranty claim concerns work performed under a warranty during the
period the dealer agreement was in effect.
3. A warranty claim which is submitted to
a supplier must be paid within 30 days after the claim is approved by the
supplier. The supplier shall approve or disapprove a warranty claim or any part
thereof within 30 days after it receives the warranty claim. If the warranty
claim is disapproved, the supplier shall, not later than 30 days after it
receives the warranty claim, send written notice to the dealer setting forth
the reasons for disapproval of the warranty claim. A warranty claim which is
not disapproved by the supplier within the prescribed period shall be deemed approved.
4. The amount of a warranty claim must not
be less than the amount equal to the sum of:
(a) The reasonable and customary time required by
the dealer to complete the work, including diagnostic time, expressed in hours
and fractions of hours, multiplied by the dealer
s hourly retail rate for
labor;
(b) The dealer
s net price for any repair parts
replaced, plus 20 percent of the net price for those parts; and
(c) If a warranty claim concerns repair work for
any equipment which is performed by the dealer in accordance with a safety or
modification order issued by a supplier, the costs incurred by the dealer to
transport to the dealer
s place of business for repair any equipment which is
within the dealer
s service area and subject to a safety or modification order.
5. After a supplier has paid a warranty
claim, the supplier shall not charge back, set off or otherwise attempt to
recover from a dealer any amount of the warranty claim unless:
(a) The warranty claim is fraudulent;
(b) The work was not performed properly or was
not necessary to comply with the requirements of the warranty; or
(c) The dealer did not provide the records for
the warranty claim as required by the agreement for work performed under the
warranty.
6. A supplier shall not require a dealer
to pay the costs incurred by the supplier in paying warranty claims by:
(a) Imposing a surcharge;
(b) Reducing any discounts provided to a dealer;
or
(c) Imposing additional requirements for the
certification of a dealer authorized to perform work under a warranty.
7. Except for a warranty claim where fraud
is alleged, a supplier may not audit the records of a dealer relating to a
warranty claim more than 1 year after the warranty claim is submitted to the
supplier. A supplier may not audit a warranty claim more than once. The
provisions of this subsection do not prohibit a supplier from requesting
additional information from a dealer if the initial audit of the warranty claim
indicates any errors, inconsistencies or fraud.
8. The provisions of this section do not
apply to a written dealer agreement which provides compensation to a dealer for
any labor required to be performed under a warranty before the labor is
performed if the compensation is based on:
(a) A reduction of the price of the equipment sold
to the dealer; or
(b) A lump-sum payment of not less than 5 percent
of the suggested retail price of the equipment.
9. As used in this section:
(a)
Audit
means an examination by a supplier of
the records of a warranty claim submitted by a dealer.
(b)
Net price
means the price a supplier
charges a dealer for a repair part.
(c)
Warranty claim
means a request submitted by
a dealer to a supplier for payment for work performed under a warranty or a
safety or modification order issued by the supplier.
(Added to NRS by 2003,
3404 )
NRS 597.118 Right, obligation or liability may not be waived.
1. A person may not waive or modify a
right, obligation or liability set forth in the provisions of NRS 597.112 to 597.118 , inclusive.
2. A condition, stipulation or provision
of a dealer agreement or any other agreement that:
(a) Limits the procedural or substantive rights
of a dealer pursuant to the provisions of NRS
597.112 to 597.118 , inclusive;
(b) Requires a person to waive a right set forth
in the provisions of NRS 597.112 to 597.118 , inclusive; or
(c) Relieves a person of an obligation or
liability imposed by the provisions of NRS
597.112 to 597.118 , inclusive,
is void.
(Added to NRS by 2003,
3406 )
ALCOHOLIC BEVERAGES
Franchises Between Liquor Suppliers and Wholesalers
NRS 597.120 Definitions. As
used in NRS 597.120 to 597.180 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.125 to 597.150 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 1973,
1353 ; A 1995,
1569 ; 2009,
1543 ; 2021,
1685 )
NRS 597.125
Alcoholic beverage
defined.
Alcoholic
beverage
has the meaning ascribed to it in NRS
597.200 .
(Added to NRS by 1995,
1567 )
NRS 597.130
Franchise
defined.
Franchise
means a contract or agreement either expressed or implied, whether written or
oral, between a supplier and wholesaler, wherein:
1. A commercial relationship of definite
duration or continuing indefinite duration is involved; and
2. The wholesaler is granted the right to
offer, sell and distribute within this state or any designated area thereof
such of the supplier
s brands of packaged malt beverages, distilled spirits and
wines, or all of them, as may be specified.
(Added to NRS by 1973,
1353 )
NRS 597.133
Good cause
defined.
Good
cause
means:
1. Failure by a wholesaler to comply
substantially with essential and reasonable requirements imposed on him or her
by a supplier, or sought to be imposed by a supplier, if the requirements are
not discriminatory as compared with requirements imposed on other similarly
suited wholesalers either by their terms or in the manner of their enforcement.
2. Bad faith by the wholesaler in carrying
out the terms of the franchise agreement.
(Added to NRS by 1995,
1567 )
NRS 597.136
Marketing area
defined.
Marketing
area
means the area where a wholesaler sells a product of a supplier pursuant
to the terms, provisions and conditions of a franchise.
(Added to NRS by 1995,
1567 )
NRS 597.140
Supplier
defined.
Supplier
means any person, partnership, corporation or other form of business enterprise
engaged in business as a manufacturer, distiller, craft distillery, rectifier,
brewer, brew pub, importer, vintner, broker or agent therefor, which
distributes any or all of its brands of malt beverages, distilled spirits and
wines, or all of them, through licensed wholesalers in this state.
(Added to NRS by 1973,
1353 ; A 2017,
2578 )
NRS 597.150
Wholesaler
defined.
Wholesaler
means any person, partnership, corporation or other form of business enterprise
licensed by the Nevada Tax Commission to sell malt beverages, distilled spirits
and wines, or all of them, as it is originally packaged to retail liquor stores
or to another licensed wholesaler, or to transfer malt beverages and wine to an
estate distillery pursuant to NRS 597.230
and 597.240 , respectively, but not to
sell to the consumer or general public.
(Added to NRS by 1973,
1353 ; A 1995,
1569 ; 2019,
2768 )
NRS 597.155 Termination of franchise by supplier: Notice; effective date.
1. Except as otherwise provided in
subsection 2, a supplier must, at least 90 days before he or she terminates or
refuses to continue any franchise with a wholesaler or causes a wholesaler to
resign from any franchise, send a notice by certified mail, return receipt
requested, to the wholesaler. The notice must include:
(a) The reason for the proposed action and a
description of any failure of the wholesaler to comply with the terms,
provisions and conditions of the franchise alleged by the supplier pursuant to NRS 597.160 ; and
(b) A statement that the wholesaler may correct
any such failure within the period prescribed in NRS 597.160 .
2. Any action taken by a supplier pursuant
to subsection 1 becomes effective on the date the wholesaler receives the
notice required pursuant to subsection 1 if the wholesaler:
(a) Has had his or her license to sell alcoholic
beverages issued pursuant to state or federal law revoked or suspended for more
than 31 days;
(b) Is insolvent pursuant to 11 U.S.C.
101;
(c) Has had an order for relief entered against
him or her pursuant to 11 U.S.C.
701 et seq.;
(d) Has had his or her ability to conduct
business substantially affected by a liquidation or dissolution;
(e) Or any other person who has a financial
interest in the wholesaler of not less than 10 percent and is active in the
management of the wholesaler has been convicted of, or has pleaded guilty or
guilty but mentally ill to, a felony and the supplier determines that the
conviction or plea substantially and adversely affects the ability of the
wholesaler to sell the products of the supplier;
(f) Has committed fraud or has made a material
misrepresentation in his or her dealings with the supplier or the products of
the supplier;
(g) Has sold alcoholic beverages which the
wholesaler received from the supplier to:
(1) A retailer who the wholesaler knows or
should know does not have a place of business where the retailer is entitled to
sell alcoholic beverages within the marketing area of the wholesaler; or
(2) Any person who the wholesaler knows or
should know sells or supplies alcoholic beverages to any retailer who does not
have a place of business where the retailer is entitled to sell alcoholic
beverages within the marketing area of the wholesaler;
(h) Has failed to pay for any product ordered and
delivered pursuant to the provisions of an agreement between the supplier and
wholesaler within 7 business days after the supplier sends to the wholesaler a
written notice which includes a statement that the wholesaler has failed to pay
for the product and a demand for immediate payment;
(i) Has made an assignment for the benefit of
creditors or a similar disposition of substantially all the assets of his or
her franchise;
(j) Or any other person who has a financial
interest in the wholesaler has:
(1) Transferred or attempted to transfer
the assets of the franchise, voting stock of the wholesaler or voting stock of
any parent corporation of the wholesaler; or
(2) Changed or attempted to change the
beneficial ownership or control of any such entity,
unless the
wholesaler first notified the supplier in writing and the supplier has not
unreasonably withheld his or her approval; or
(k) Discontinues selling the products of the
supplier, unless:
(1) The discontinuance is a result of an
accident which the wholesaler was unable to prevent;
(2) The wholesaler has, if applicable,
taken action to correct the condition which caused the accident; and
(3) The wholesaler has notified the
supplier of the accident if he or she has discontinued selling the products of
the supplier for more than 10 days.
(Added to NRS by 1995,
1567 ; A 2007,
1466 )
NRS 597.157 Transfer of stock or assets or change in ownership or control of
wholesaler: Supplier to approve within 60 days if person to be substituted
meets certain requirements; supplier shall not unreasonably withhold or delay
approval of certain transactions; liability of supplier.
1. A supplier shall approve any
assignment, sale or transfer of the stock of a wholesaler or of all or any
portion of a wholesaler
s assets, a wholesaler
s voting stock, the voting stock
of any parent corporation or the beneficial ownership or control of any other
entity owning or controlling the wholesaler, including the wholesaler
s rights
and obligations under the terms of a franchise, within 60 days after receiving
notice of the transaction if the person to be substituted under the terms of
the franchise meets reasonable standards imposed upon the wholesaler and any
other wholesaler of the supplier of the same general class, after consideration
of the size and location of the marketing area of the wholesaler. A supplier
shall approve or deny approval of the transaction in writing and, if approval
of the transaction is denied, state the material reasons for the denial. If a
supplier does not approve or deny approval of the transaction within 60 days
after receiving notice of the transaction, the transaction shall be deemed
approved.
2. Upon the death of a partner of a
partnership that operates the business of a wholesaler, a supplier shall not
unreasonably withhold or delay approval of maintaining the franchise between
the supplier and each surviving partner.
3. Upon the death of any owner,
controlling shareholder or operator of a wholesaler, a supplier shall not deny
approval of any transfer of ownership to a surviving spouse, child or
grandchild of the owner who has reached the age of majority at the time of
death, controlling shareholder or operator. Any subsequent transfer of
ownership by the spouse, child, grandchild, controlling shareholder or operator
is subject to the provisions of subsection 1.
4. In addition to the provisions of NRS 597.170 , a supplier who unreasonably
delays or withholds consent or unreasonably denies approval of a sale, transfer
or assignment of any ownership interest in a wholesaler is liable to the
wholesaler for the laid-in costs of inventory of each affected brand of liquor
and any diminution in the fair market value of the business of the wholesaler
in relation to each affected brand. The damages recoverable pursuant to this
section include, without limitation, all reasonable costs of bringing the
action and attorney
s fees. For the purpose of this subsection, the fair market
value of a business of a wholesaler includes, without limitation, the good will
of the business and its value as a going concern, if any.
(Added to NRS by 2009,
1542 ; A 2021,
1686 )
NRS 597.160 Prohibited acts by supplier; exceptions; correction by
wholesaler of alleged failure to comply with franchise.
1. Except as otherwise provided in
subsection 4, if more than one franchise for the same brand or brands of malt
beverages, distilled spirits and wines, or all of them, is granted to different
wholesalers in this state, it is a violation of NRS 597.120 to 597.180 , inclusive, for any supplier to
discriminate between such wholesalers with respect to any of the terms,
provisions and conditions of these franchises.
2. Except as otherwise provided in this
subsection and notwithstanding the terms, provisions or conditions of any
franchise, a supplier shall not unilaterally terminate or refuse to continue
any franchise with a wholesaler or cause a wholesaler to resign from that
franchise unless the supplier has first established good cause for that
termination, noncontinuance or causing of that resignation. This subsection
does not apply to a supplier who sells less than 2,000 barrels of malt
beverages, less than 250 cases of distilled spirits or less than 2,000 cases of
wine in this state in any calendar year, or who operates a winery pursuant to NRS 597.240 .
3. Except as otherwise provided in this
subsection, a wholesaler may, within 60 days after he or she receives a notice
required pursuant to NRS 597.155 ,
correct any failure to comply with the terms, provisions and conditions of the
franchise alleged by the supplier. This subsection does not apply to a supplier
who sells less than 2,000 barrels of malt beverages, less than 250 cases of
distilled spirits or less than 2,000 cases of wine in this State in any
calendar year, or who operates a winery pursuant to NRS 597.240 .
4. Unless otherwise specified by contract
between the supplier and wholesaler, a supplier shall not grant more than one
franchise to a wholesaler for any brand of alcoholic beverage in a marketing
area.
(Added to NRS by 1973,
1354 ; A 1995,
1569 ; 2013,
2562 ; 2017,
2578 )
NRS 597.162 Additional prohibited acts by supplier. A
supplier shall not:
1. Prohibit a wholesaler from selling an
alcoholic beverage of any other supplier;
2. Prevent a wholesaler from using best
efforts to sell, market, advertise or promote an alcoholic beverage of any
other supplier;
3. Provide any reward or penalty to, or in
any other way condition its relationship with, a wholesaler based upon the
amount of sales the wholesaler makes of an alcoholic beverage of any other
supplier;
4. Disapprove a wholesaler
s selection of
a general manager or successor general manager based on the wholesaler
s sales,
marketing, advertising, promotion or retail placement of an alcoholic beverage
of any other supplier;
5. Require a wholesaler to report to the
supplier any of the wholesaler
s financial information associated with the
purchase, sale or distribution of an alcoholic beverage of any other supplier,
except that nothing in this subsection prohibits a wholesaler from reporting
general financial information in order for the supplier to assess the overall
financial condition of a wholesaler as a condition of providing credit, so long
as the supplier does not require the wholesaler to submit disaggregated financial
information associated with or identifying the wholesaler
s sales of an
alcoholic beverage of another supplier or suppliers;
6. Fix or maintain the price at which a
wholesaler may resell an alcoholic beverage purchased from the supplier;
7. Require a wholesaler to pay to the
supplier all or any portion of the difference in the suggested retail price of
an alcoholic beverage and the actual price at which the wholesaler sells the
alcoholic beverage;
8. Require a wholesaler to accept delivery
of any alcoholic beverage or any other item that is not voluntarily ordered by
the wholesaler or is in violation of any levels of inventory that are mutually
agreed upon in writing by the supplier and wholesaler;
9. Prohibit or restrain, directly or
indirectly, a wholesaler from participating in an organization that represents
the interests of wholesalers for any lawful purpose;
10. Discriminate against, penalize or
otherwise retaliate against a wholesaler because the wholesaler raises, alleges
or otherwise brings to the attention of the Department of Taxation an actual,
potential or perceived violation of this chapter or enter into an agreement
with a wholesaler which purports to waive any right or remedy of the wholesaler
pursuant to this subsection;
11. Require a wholesaler to participate in
or contribute to any advertising fund or promotional activity that:
(a) Is not used for advertising or a promotional
activity in the marketing area of the wholesaler; or
(b) Requires a contribution by the wholesaler
that exceeds any amount specified for that purpose in the franchise;
12. Fail to approve or disapprove an
invoice or claim for reimbursement submitted by a wholesaler within 45 days
after receipt of the invoice or claim;
13. Fail to pay to a wholesaler the amount
of any invoice or claim for reimbursement within 45 days after the supplier
approves the invoice or claim;
14. Require a wholesaler to make payments
to the supplier under terms that are materially different from the payment
terms applicable to the supplier when making payments to the wholesaler; or
15. Withdraw credit or credit terms from a
wholesaler except in accordance with the terms of a written policy of the
supplier which is provided or otherwise made available to the wholesaler.
(Added to NRS by 2009,
1543 : A 2017,
2579 ; 2021,
1686 )
NRS 597.165 Requiring wholesaler to increase payment for product prohibited
after delivery by supplier. A
supplier shall not require a wholesaler to increase his or her payment to the
supplier for any product of that supplier after the product is delivered to the
wholesaler.
(Added to NRS by 1995,
1567 )
NRS 597.170 Remedies of wholesaler.
1. Any wholesaler may bring an action in a
court of competent jurisdiction against a supplier for violation of NRS 597.120 to 597.180 , inclusive, and may recover the
damages sustained by the wholesaler, together with such costs of the action and
reasonable attorney
s fees as are authorized under NRS 18.110 .
2. The remedies provided in NRS 597.120 to 597.180 , inclusive, are independent of and
supplemental to any other remedy or remedies available to the wholesaler in law
or equity.
(Added to NRS by 1973,
1354 ; A 2021,
1688 )
NRS 597.175 Term of contract or agreement that alters or waives provisions
void and unenforceable. Any term
of a contract or other agreement that attempts to alter or waive any provision
of NRS 597.120 to 597.180 , inclusive, is void and
unenforceable.
(Added to NRS by 2021,
1685 )
NRS 597.180 Action by wholesaler: Defense by supplier. In any action brought by a wholesaler against
a supplier for termination or noncontinuance of, or causing to resign from a
franchise in violation of NRS 597.120 to
597.180 , inclusive, the supplier has the
burden of establishing that he or she acted for good cause and that the
wholesaler did not act in good faith. It is a complete defense for the supplier
to prove that the termination, noncontinuance or causing to resign was done in
good faith and for good cause.
(Added to NRS by 1973,
1354 ; A 1995,
1569 ; 2009,
1544 )
Regulation of Business Practices
NRS 597.190 Statement of legislative policy. It
is the policy of the Legislature to insure the orderly distribution and
marketing of alcoholic beverages in this state in order to protect locally
owned and operated business enterprises and those residents whose livelihoods
and investments are dependent on their freedom to manage their businesses
without economic and coercive control by nonresident suppliers of alcoholic
beverages.
(Added to NRS by 1975,
623 )
NRS 597.200 Definitions. As
used in NRS 597.190 to 597.255 , inclusive, unless the context
otherwise requires:
1.
Alcoholic beverage
means any malt
beverage or spirituous, vinous or malt liquor which contains 1 percent or more
ethyl alcohol by volume.
2.
Brew pub
means an establishment which
manufactures malt beverages and sells those malt beverages at retail pursuant
to the provisions of NRS 597.230 .
3.
Case of spirits
means 12 bottles,
each containing 750 milliliters of distilled spirits.
4.
Craft distillery
means an
establishment which:
(a) Manufactures distilled spirits from
agricultural raw materials through distillation; and
(b) Is authorized to sell those distilled spirits
pursuant to the provisions of this chapter.
5.
Distillation
means the process of
producing or purifying spirituous liquor by successive evaporation and
condensation.
6.
Engage in
includes participation in a
business as an owner or partner, or through a subsidiary, affiliate, ownership
equity or in any other manner.
7.
Estate distillery
means an
establishment which:
(a) Manufactures distilled spirits from
agricultural raw materials through distillation, provided that 85 percent of
such agricultural raw materials, in the aggregate, were grown on land within
this State which is owned or controlled by the owner of the distillery; and
(b) Is authorized to sell those distilled spirits
pursuant to the provisions of this chapter.
8.
Instructional wine-making facility
means an instructional wine-making facility operated pursuant to NRS 597.245 .
9.
Legal age
means the age at which a
person is legally permitted to purchase an alcoholic beverage pursuant to NRS 202.020 .
10.
Malt beverage
means beer, ale,
porter, stout and other similar fermented beverages of any name or description,
brewed or produced from malt, wholly or in part.
11.
Special event
means an event that:
(a) Lasts not longer than 1 calendar day; and
(b) Occurs at:
(1) A farmers
market, as defined in NRS 244.336 ; or
(2) An event designated as a county fair
by a county fair and recreation board appointed pursuant to NRS 244A.599 , 244A.601 or 244A.603 .
12.
Supplier
has the meaning ascribed to
it in NRS 597.140 .
13.
Wine
has the meaning ascribed to it
in NRS 369.140 .
(Added to NRS by 1975,
623 ; A 1985,
531 ; 1991,
108 ; 1995,
1570 ; 2005,
1272 , 1326 ;
2013,
2562 ; 2015,
883 ; 2017,
2579 , 2587 )
NRS 597.210 Limitations on engaging in business of importing, wholesaling or
retailing alcoholic beverages.
1. Except as otherwise provided in
subsection 2, a person engaged in business as a supplier or engaged in the
business of manufacturing, blending or bottling alcoholic beverages within or
without this State shall not:
(a) Engage in the business of importing,
wholesaling or retailing alcoholic beverages; or
(b) Operate or otherwise locate his or her
business on the premises or property of another person engaged in the business
of importing, wholesaling or retailing alcoholic beverages.
2. This section does not:
(a) Preclude any person engaged in the business
of importing, wholesaling or retailing alcoholic beverages from owning less
than 2 percent of the outstanding ownership equity in any organization which
manufactures, blends or bottles alcoholic beverages.
(b) Prohibit a person engaged in the business of
rectifying or bottling alcoholic beverages from importing neutral or distilled
spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415 .
(c) Prohibit a person from operating a brew pub
pursuant to NRS 597.230 .
(d) Prohibit a person from operating an
instructional wine-making facility pursuant to NRS 597.245 .
(e) Prohibit a person from operating a craft
distillery pursuant to NRS 597.235 .
(f) Prohibit a person from operating an estate
distillery pursuant to NRS 597.237 .
(g) Prohibit a person from operating a winery
pursuant to NRS 597.240 .
(Added to NRS by 1975,
623 , 1463 ;
A 1991,
109 , 384 ;
1995,
1570 ; 2005,
1273 , 1326 ;
2013,
2563 ; 2015,
551 ; 2017,
2587 )
NRS 597.220 Importer or wholesaler prohibited from engaging in business of
retailing alcoholic beverages or operating or locating business on premises or
property of supplier; exceptions.
1. Except as otherwise provided in NRS 597.235 and 597.237 , a person who is engaged in the
business of importing or wholesaling alcoholic beverages in the State of Nevada
shall not:
(a) Engage in the business of retailing alcoholic
beverages in this state; or
(b) Operate or otherwise locate his or her
business on the premises or other property of any supplier.
2. For the purposes of this section, a
person who transfers or receives alcoholic beverages in the manner described in
NRS 369.4865 must not be considered to
be engaged in the business of wholesaling alcoholic beverages based solely upon
those transfers.
(Added to NRS by 1975,
624 ; A 2001
Special Session, 165 ; 2013,
814 , 2563 ;
2017,
2588 )
NRS 597.225 Requirements to serve samples of alcoholic beverages on premises
of grocery store; penalty.
1. A person who operates a grocery store
may serve samples of alcoholic beverages on the premises of the grocery store
if the person:
(a) Is licensed to sell, at retail, alcoholic
beverages on the premises of the grocery store;
(b) Obtains an annual permit to serve such
samples from the local governing body that has jurisdiction to license and
regulate the sale of alcoholic beverages on the premises of the grocery store;
(c) Purchases any alcoholic beverages used for
such samples from a wholesale dealer of alcoholic beverages who is licensed
under chapter 369 of NRS; and
(d) Complies with the requirements of this
section.
2. A person who holds an annual permit
issued pursuant to this section may serve samples of alcoholic beverages on the
premises of the grocery store only to persons of legal age and only in such
quantities as are necessary to provide a sample or taste of the alcoholic
beverages.
3. Notwithstanding any other provision of
law, a supplier, manufacturer, importer or wholesale dealer of alcoholic
beverages may assist a person who operates a grocery store in serving samples
of alcoholic beverages pursuant to this section. The assistance authorized by
this subsection is limited to the pouring of such samples or the provision of
information, instruction or education regarding the product being sampled, or
any combination of those tasks. The provision of such assistance does not
relieve the person who operates the grocery store from the responsibility of
complying with all the requirements of this section.
4. A local governing body may adopt
reasonable restrictions regarding the time, place, manner and frequency of the
activities authorized by this section. Such restrictions must not prohibit or
unreasonably interfere with the activities authorized by this section.
5. A person who serves samples of
alcoholic beverages on the premises of a grocery store in violation of any
provision of this section is guilty of a misdemeanor.
6. This section preempts any local
charter, code, ordinance or regulation that is in conflict with the purposes
and objectives of this section.
7. A local governing body may not charge
any fee for issuing an annual permit pursuant to this section.
8. As used in this section:
(a)
Convenience store
means a store which is
principally devoted to providing the public with a convenient location to
purchase consumable products quickly and in which the area open to the public
is less than 5,000 square feet.
(b)
Grocery store
means a store which is
principally devoted to the sale of food for human consumption off the premises
or which derives a substantial amount of its gross revenue from the sale of
food for human consumption off the premises, regardless of whether the store is
also devoted to or derives gross revenue from the sale of nonfood items. The
term does not include:
(1) A convenience store.
(2) A store at which the sale of food for
human consumption off the premises is incidental to the principal purpose of
the store.
(Added to NRS by 2005,
1270 )
NRS 597.230 Operation of brew pub.
1. In any county, a person may operate a
brew pub:
(a) In any redevelopment area established in that
county pursuant to chapter 279 of NRS;
(b) In any historic district established in that
county pursuant to NRS 384.005 ;
(c) In any retail liquor store as that term is
defined in NRS 369.090 ; or
(d) In any other area in the county designated by
the board of county commissioners for the operation of brew pubs. In a city
which is located in that county, a person may operate a brew pub in any area in
the city designated by the governing body of that city for the operation of
brew pubs.
Except as
otherwise provided in paragraph (g) of subsection 3, a person who operates one
or more brew pubs may not manufacture more than 40,000 barrels of malt
beverages for all the brew pubs he or she operates in this State in any
calendar year.
2. The premises of any brew pub operated
pursuant to this section must be conspicuously identified as a
brew pub.
3. Except as otherwise provided in
subsection 4, a person who operates one or more brew pubs pursuant to this
section may, upon obtaining a license pursuant to chapter
369 of NRS and complying with any other applicable governmental
requirements:
(a) Manufacture and store malt beverages on the
premises of one or more of the brew pubs and:
(1) Sell and transport the malt beverages
manufactured on the premises to a person holding a valid wholesale wine and
liquor dealer
s license or wholesale beer dealer
s license issued pursuant to chapter 369 of NRS.
(2) Donate for charitable or nonprofit
purposes and, for the purposes of the donation, transport the malt beverages
manufactured on the premises in accordance with the terms and conditions of a
special permit for the transportation of the malt beverages obtained from the
Department of Taxation pursuant to subsection 4 of NRS 369.450 .
(3) Transfer in bulk the malt beverages
manufactured on the premises:
(I) To a person holding a valid
wholesale wine and liquor dealer
s license or wholesale beer dealer
s license
issued pursuant to chapter 369 of NRS for the
purpose of transferring in bulk the malt beverages to an estate distillery for
the purpose of distillation and blending, which transfer is taxable only as
provided in NRS 597.237 ; or
(II) If there is no wholesaler who
is able or willing to accept and transfer in bulk the malt beverages pursuant
to sub-subparagraph (I), to a person holding a valid license to operate an
estate distillery issued pursuant to chapter 369
of NRS for the purpose of distillation and blending, which transfer is taxable
only as provided in NRS 597.237 and must
be performed in accordance with the terms and conditions of a special permit
for the transportation of the malt beverages obtained from the Department of
Taxation pursuant to subsection 4 of NRS
369.450 .
(b) Manufacture and store malt beverages on the
premises of one or more of the brew pubs and transport the malt beverages
manufactured on the premises to a retailer, other than a person who operates a
brew pub pursuant to this section, that holds a valid license pursuant to chapter 369 of NRS for the purpose of selling the
malt beverages at a special event in accordance with the terms and conditions
of a special permit for the transportation of the malt beverages obtained from
the Department of Taxation pursuant to subsection 4 of NRS 369.450 . For the purposes of this
paragraph, the person who operates one or more brew pubs shall not obtain more
than 20 such special permits for the transportation of the malt beverages from
the Department of Taxation pursuant to subsection 4 of NRS 369.450 within a calendar year.
(c) Sell at retail, not for resale, malt
beverages manufactured on or off the premises of one or more of the brew pubs
for consumption on the premises.
(d) Sell at retail, not for resale, in packages
sealed on the premises of one or more of the brew pubs, malt beverages,
including malt beverages in unpasteurized form, manufactured on the premises
for consumption off the premises.
(e) Sell at retail alcoholic beverages other than
those described in paragraph (c) if the person:
(1) Has obtained any license or permit
required to sell alcoholic beverages at retail in the jurisdiction in which the
brew pub is located; and
(2) Purchases all such alcoholic beverages
from a licensed wholesaler in compliance with the provisions of NRS 369.487 and 369.488 .
(f) Sell alcoholic beverages, including, without
limitation, malt beverages manufactured on or off the premises of one or more
of the brew pubs, at not more than two retail liquor store locations under the
common control of the person if:
(1) The person has obtained any license or
permit required to sell alcoholic beverages at retail in the jurisdiction in
which the retail liquor store location is located;
(2) The person purchases all such
alcoholic beverages from a licensed wholesaler in compliance with the
provisions of NRS 369.487 and 369.488 ;
(3) For a retail liquor store location for
which the person obtained any license or permit required to sell alcoholic
beverages at retail on or after January 1, 2025, the retail liquor store
location is not located closer than 1,000 feet to an establishment licensed
pursuant to chapter 463 of NRS; and
(4) The retail liquor store location is
located within the same county as the brew pub, unless the brew pub is located
in a county whose population is less than 100,000.
(g) In a calendar year, in addition to the amount
of malt beverages which may be manufactured pursuant to subsection 1,
manufacture and sell 20,000 barrels of malt beverages for all the brew pubs he
or she operates in this State provided such barrels are sold either to a
wholesaler located outside of this State or, where allowable pursuant to
applicable law, to persons residing in states outside of this State, subject to
such periodic auditing as the Department of Taxation shall require by
regulation.
4. The amount of malt beverages sold
pursuant to paragraphs (b), (c) and (d) of subsection 3 must not exceed a total
of 5,000 barrels in any calendar year. Of the 5,000 barrels, not more than
1,000 barrels may be sold in kegs.
5. A person who operates a brew pub and
one or more commonly controlled retail liquor store locations shall:
(a) Comply with the provisions of NRS 369.520 with respect to the brew pub
and each commonly controlled retail liquor store location; and
(b) In addition to making any reports required
pursuant to rules made by the Department of Taxation pursuant to NRS 369.360 , submit to the Department of
Taxation each month a report of sales of malt beverages manufactured at each
brew pub and commonly controlled retail liquor store location for the
immediately preceding month.
(Added to NRS by 1991,
383 ; A 1995,
1570 , 1571 ;
2011,
743 , 1298 ;
2013,
2563 ; 2017,
2580 ; 2019,
2769 ; 2021,
1688 ; 2025,
2730 )
NRS 597.235 Operation of craft distillery.
1. A person may operate a craft distillery
if the person:
(a) Obtains a license for the facility pursuant
to chapter 369 of NRS;
(b) Complies with the requirements of this
chapter; and
(c) Complies with any other applicable
governmental requirements.
2. A person who operates a craft
distillery pursuant to this section may:
(a) In addition to manufacturing spirits from
agricultural raw materials through distillation, blend, age, store and bottle
the spirits so manufactured. Except as otherwise provided in this paragraph,
the person operating the craft distillery shall ensure that none of the spirits
manufactured at the craft distillery are derived from neutral or distilled
spirits manufactured by another manufacturer. If the person operating the craft
distillery has obtained a permissible person
s certificate pursuant to
subsection 2 of NRS 369.440 , the person
may manufacture an exclusive distilled spirit of the person using neutral or
distilled spirits manufactured by another manufacturer.
(b) Except as otherwise provided in paragraphs
(f) and (g), in any calendar year, sell and transport in Nevada not more than a
combined total of 10,000 cases of spirits, including, without limitation, an
exclusive distilled spirit, at all the craft distilleries that the person
operates to a person who holds a license to engage in business as a wholesale
dealer of liquor pursuant to chapter 369 of
NRS.
(c) In any calendar year, manufacture for
exportation to another state:
(1) Except as otherwise provided in
subparagraph (2), not more than a combined total of 40,000 cases of spirits at
all the craft distilleries the person operates; and
(2) In addition to the cases of spirits
authorized by subparagraph (1), if the person operating the craft distillery
has obtained a permissible person
s certificate pursuant to subsection 2 of NRS 369.440 , not more than a combined total
of 40,000 cases of an exclusive distilled spirit of the person at all the craft
distilleries the person operates.
(d) On the premises of the craft distillery,
serve samples of the spirits manufactured at the craft distillery, including,
without limitation, an exclusive distilled spirit. Any such samples must not
exceed, per person, per day, 4 fluid ounces in volume.
(e) On the premises of the craft distillery, sell
the spirits manufactured at the craft distillery, including, without
limitation, an exclusive distilled spirit, at retail for consumption on or off
the premises. Any such spirits sold at retail for off-premises consumption must
not exceed, per person, per month, 1 case of spirits and not exceed, per
person, per year, 6 cases of spirits. Spirits purchased on the premises of a
craft distillery must not be resold by the purchaser or any retail liquor
store.
(f) Donate for charitable or nonprofit purposes
and transport neutral or distilled spirits manufactured at the craft
distillery, including, without limitation, an exclusive distilled spirit, in
accordance with the terms and conditions of a special permit for the
transportation of the neutral or distilled spirits obtained from the Department
of Taxation pursuant to subsection 4 of NRS
369.450 .
(g) Transfer in bulk neutral or distilled spirits
manufactured at the craft distillery, including, without limitation, an
exclusive distilled spirit, to a supplier. Any such transfer:
(1) Is taxable only when the neutral or
distilled spirits are rectified and bottled in original packages for sale
within this State; and
(2) Is not a sale for the purposes of
paragraph (b) or manufacturing for exportation for the purposes of paragraph
(c).
3. As used in this section,
exclusive
distilled spirit
means a distilled spirit:
(a) That is manufactured by a person who holds a
permissible person
s certificate obtained pursuant to subsection 2 of NRS 369.440 ; and
(b) Whose particular formula the person has a
contractual right created before January 1, 2025, to manufacture.
(Added to NRS by 2013,
2561 ; A 2015,
884 ; 2017,
2588 ; 2025,
2698 )
NRS 597.237 Operation of estate distillery.
1. A person may operate an estate
distillery if the person:
(a) Obtains a license for the facility pursuant
to chapter 369 of NRS;
(b) Complies with the requirements of this
chapter; and
(c) Complies with any other applicable
governmental requirements.
2. A person who operates an estate
distillery pursuant to this section may:
(a) In addition to manufacturing spirits from
agricultural raw materials through distillation, blend, age, store and bottle
the spirits so manufactured. The person operating the estate distillery shall
ensure that none of the spirits manufactured at the estate distillery are
derived from neutral or distilled spirits manufactured by another manufacturer,
except as authorized by paragraph (b).
(b) Blend and distill wines or malt beverages,
provided any such wine or malt beverage was manufactured by:
(1) A brew pub licensed pursuant to NRS 597.230 ; or
(2) A winery that has been issued a
wine-maker
s license pursuant to NRS 369.200
if 25 percent or more of the wine produced, blended or aged by the winery is
produced, blended or aged from fruit grown or honey produced in this State.
(c) Except as otherwise provided in paragraphs
(g) and (h), in any calendar year, sell and transport in Nevada not more than a
combined total of 75,000 cases of spirits at the estate distillery to a person
who holds a license to engage in business as a wholesale dealer of liquor
pursuant to chapter 369 of NRS.
(d) In any calendar year, manufacture for
exportation to another state, not more than a combined total of 400,000 cases
of spirits at all the estate distilleries the person operates.
(e) On the premises of the estate distillery,
serve samples of the spirits manufactured at the estate distillery. Any such
samples must not exceed, per person, per day, 4 fluid ounces in volume.
(f) On the premises of the estate distillery,
sell:
(1) The spirits manufactured at the estate
distillery at retail for consumption on or off the premises. Any such spirits
sold at retail for off-premises consumption must not exceed, per person, per
month, 1 case of spirits and not exceed, per person, per year, 6 cases of
spirits. The total amount of such spirits sold at retail for off-premises
consumption must not exceed 7,500 cases per year. Spirits purchased on the
premises of an estate distillery must not be resold by the purchaser or any
retail liquor store. A person who operates an estate distillery shall
prominently display on the premises a notice that the resale of spirits
purchased on the premises is prohibited.
(2) Alcoholic beverages not manufactured
at the estate distillery at retail if the estate distillery:
(I) Has obtained any license or
permit required to sell alcoholic beverages at retail in the jurisdiction in
which the estate distillery is located; and
(II) Complies with NRS 369.487 and 369.488 .
(g) Donate for charitable or nonprofit purposes
and transport neutral or distilled spirits manufactured at the estate
distillery in accordance with the terms and conditions of a special permit for
the transportation of the neutral or distilled spirits obtained from the
Department of Taxation pursuant to subsection 4 of NRS 369.450 .
(h) Transfer in bulk neutral or distilled spirits
manufactured at the estate distillery to a supplier. Any such transfer:
(1) Is taxable only when the neutral or
distilled spirits are rectified and bottled in original packages for sale
within this State and removed from the federally bonded premises of the
supplier; and
(2) Is not a sale for the purposes of
paragraph (c) or manufacturing for exportation for the purposes of paragraph
(d).
(i) Subject to the provisions of subsection 3,
receive:
(1) Wine or malt beverages in bulk from a
person described in subparagraph (1) or (2) of paragraph (b), or from a
wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such
wine or malt beverages pursuant to NRS
597.230 or 597.240 , for the purpose
of distillation and blending. Wine and malt beverages so received are taxable
only when the wine and malt beverages are:
(I) Distilled, blended or both, and
bottled in original packages for sale within this State; and
(II) Removed from the federally
bonded premises of the estate distillery.
(2) Neutral or distilled spirits in bulk
from a supplier that is not an affiliate of the estate distillery for the
purpose of storage and bottling. Neutral or distilled spirits so received must
be segregated in a conspicuous place away from any other spirits or alcoholic
beverages on the premises of the estate distillery.
3. A person who operates an estate
distillery shall not receive a shipment of wine, malt beverages or neutral or
distilled spirits in bulk:
(a) Unless the person first notifies the
Department of Taxation that the distillery will receive such a shipment; and
(b) Except as authorized by paragraph (i) of
subsection 2.
4. Spirits manufactured by an estate
distillery pursuant to this section may be sold in this State only after
bottling in original packages.
5. As used in this section,
affiliate
means a person who, directly or indirectly through one or more intermediaries,
controls, is controlled by or is under common control with, a specified person.
(Added to NRS by 2017,
2586 ; A 2019,
2770 , 2771 ;
2021,
1689 ; 2025,
754 )
NRS 597.240 Operation of winery; regulations.
1. A winery, including a winery that
consists of multiple noncontiguous locations, that is federally bonded and
permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States
Department of the Treasury, including, without limitation, an alternating
proprietorship of not more than four such wineries, and that has been issued a
wine-maker
s license for each noncontiguous location of the winery pursuant to NRS 369.200 may:
(a) Produce, bottle, blend and age wine.
(b) Import wine or juice from a winery that is
located in another state and that is federally bonded and permitted by the
Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if
already fermented, to be mixed with other wine or aged in a suitable cellar, or
both.
2. A winery that has been issued a
wine-maker
s license pursuant to NRS 369.200
on or before September 30, 2015, may:
(a) Within the limits prescribed by subsection 3,
sell at retail or serve by the glass, on its premises and at one other
location, wine produced, blended or aged by the winery. The amount of wine sold
at a location other than on the premises of the winery may not exceed 50
percent of the total volume of the wine sold by the winery.
(b) Serve by the glass, on its premises, any
alcoholic beverage.
3. A winery that is issued a wine-maker
s
license pursuant to NRS 369.200 :
(a) If 25 percent or more of the wine produced,
blended or aged by the winery is produced, blended or aged from fruit grown or
honey produced in this State, may:
(1) Sell at retail or serve by the glass,
on its premises and, if applicable, at one other location, wine produced,
blended or aged by the winery.
(2) Transfer in bulk wine produced,
blended or aged by the winery:
(I) To a person holding a valid
wholesale wine and liquor dealer
s license issued pursuant to chapter 369 of NRS for the purpose of
transferring in bulk the wine to an estate distillery for the purpose of
distillation and blending, which transfer is taxable only as provided in NRS 597.237 ; or
(II) If there is no wholesaler who
is able or willing to accept and transfer in bulk the wine pursuant to
sub-subparagraph (I), to a person holding a valid license to operate an estate
distillery issued pursuant to chapter 369 of
NRS for the purpose of distillation and blending, which transfer is taxable
only as provided in NRS 597.237 .
(3) Sell alcoholic beverages at retail if the
winery:
(I) Has obtained any license or
permit required to sell alcoholic beverages at retail in the jurisdiction in
which the winery is located; and
(II) Complies with NRS 369.487 .
(b) If less than 25 percent of the wine produced,
blended or aged by the winery is produced, blended or aged from fruit grown or
honey produced in this State, may:
(1) Sell at retail or serve by the glass,
on its premises and, if applicable, at one other location, not more than 2,000
cases of wine produced, blended or aged by the winery and not more than 150
barrels of cider produced by the winery per calendar year.
(2) Subject to the limitation set forth in
subparagraph (1), sell alcoholic beverages at retail if the winery:
(I) Has obtained any license or
permit required to sell alcoholic beverages at retail in the jurisdiction in
which the winery is located; and
(II) Complies with NRS 369.487 .
4. The State Board of Agriculture may
adopt regulations for the purposes of ensuring that a winery is in compliance
with any requirements established by the Federal Government for labeling
bottles of wine produced, blended or aged by the winery and to create a
certification for wine produced, blended or aged from fruit grown or honey
produced in this State based on a review of filings that the winery applying
for the certification is required to provide to the Alcohol and Tobacco Tax and
Trade Bureau of the United States Department of the Treasury.
5. For the purposes of this section, an
instructional wine-making facility is not a winery.
6. As used in this section,
cider
means
a wine that contains not less than one-half of 1 percent of alcohol by volume
and not more than 8.5 percent of alcohol by volume that is produced from the
fermentation of the juice of sound, ripe apples or pears, or both. The term
includes, without limitation, sparkling or carbonated cider and cider produced
from the condensed must of apples or pears, or both.
(Added to NRS by 1991,
108 ; A 1993,
325 , 1442 ;
2005,
1273 ; 2015,
552 , 553 ;
2017,
2581 ; 2019,
2773 , 2774 ;
2021,
1691 ; 2023,
643 )
NRS 597.245 Operation of instructional wine-making facility; prohibited
activities; penalty.
1. A person may operate an instructional
wine-making facility if the person:
(a) Obtains a license for the facility pursuant
to chapter 369 of NRS;
(b) Complies with the requirements of this
section; and
(c) Complies with any other applicable
governmental requirements for the operation of such a facility, including,
without limitation, compliance with all applicable federal bonding, permitting
and other requirements for the production, blending, treatment, storage and
bottling of wine.
2. A person who is licensed to operate an
instructional wine-making facility may:
(a) Engage in the process of wine making on the
premises of the facility;
(b) Charge a fee to other persons of legal age
for the purpose of providing those persons with instruction and the opportunity
to participate directly in the process of wine making on the premises of the
facility; and
(c) Serve wine produced on the premises of the
facility by the glass for consumption on the premises of the facility.
3. Wine produced on the premises of an
instructional wine-making facility must be:
(a) Used, consumed or disposed of on the premises
of the facility; or
(b) Distributed from the facility to a person of
legal age who has participated directly in the process of wine making on the
premises of the facility for the person
s own household or personal use. That
person:
(1) May distribute the wine to any other
person of legal age as a gift.
(2) Shall not remove from the facility:
(I) Any wine other than that which
the person participated directly in the process of making on the premises of
the facility.
(II) More than 60 gallons of wine
during any period of 12 months.
4. Except as otherwise permitted by this
section, if a person knows or reasonably should know that wine was produced on
the premises of an instructional wine-making facility, the person shall not:
(a) Directly or indirectly or through any other
person, sell, offer to sell or solicit the purchase or sale of such wine at
wholesale or retail; or
(b) Use such wine for any purpose other than for
the person
s own household or personal use.
5. A person who violates any provision of
this section is guilty of a misdemeanor.
6. As used in this section:
(a)
Instructional wine-making facility
means
any facility that, for a fee, provides a person of legal age with instruction
and the opportunity to participate directly in the process of wine making on
the premises of the facility. The term does not include:
(1) A wine maker or winery that is
licensed pursuant to chapter 369 of NRS.
(2) A university, state college or
community college that is part of the Nevada System of Higher Education or any
other postsecondary educational institution that is licensed by a federal or
state agency and is accredited by a nationally recognized educational
accrediting association.
(b)
Process of wine making
means the usual and
customary steps taken to produce wine. Such steps may include, without
limitation:
(1) Growing, buying and importing
agricultural products and ingredients.
(2) Selecting, preparing and processing
agricultural products and ingredients.
(3) Barreling, fermenting, aging,
filtering, bottling, labeling, racking, warehousing and storing.
(4) Importing bulk wine or juice from a
bonded winery in another state, to be fermented into wine or, if already
fermented, to be blended with other wine and aged in a suitable cellar.
(Added to NRS by 2005,
1271 )
NRS 597.250 Violations: Suspension or revocation of license. The license of any person who violates the
provisions of NRS 597.210 , 597.220 , 597.230 ,
597.235 , 597.237 or 597.245 must be suspended or revoked in the
manner provided in chapter 369 of NRS.
(Added to NRS by 1975,
624 ; A 1991,
384 ; 2005,
1273 ; 2013,
2564 ; 2017,
2589 )
NRS 597.255 Violations: Civil penalties.
1. A person who has suffered injury,
including, without limitation, economic damage, as the proximate result of a
violation of the provisions of this section and NRS 597.190 to 597.245 , inclusive, may bring a civil
action against the person who committed the violation to recover:
(a) For the first violation, $100 plus the
injured person
s actual damages, attorney
s fees and costs, if any.
(b) For the second violation, $250 plus the
injured person
s actual damages, attorney
s fees and costs, if any.
(c) For the third and any subsequent violation,
$500 plus the injured person
s actual damages, attorney
s fees and costs, if
any, and any punitive damages that the facts may warrant.
2. Any person, including, without
limitation, a director, officer, agent or employee of the person, who knowingly
violates or knowingly aids or assists in the violation of any provision of this
section and NRS 597.190 to 597.245 , inclusive, is liable under this
section.
3. Except as otherwise provided in NRS 597.157 , 597.170 and 597.260 , and in addition to any legal
action brought pursuant to NRS 597.262 ,
the provisions of this section do not preclude a person from seeking any other
legal remedy available.
(Added to NRS by 2015,
883 ; A 2017,
2589 )
Substitution of Brands
NRS 597.260 Penalty; civil liability.
1. It is unlawful for a retailer of
alcoholic beverages to substitute one brand of alcoholic beverage for a brand
that has been specifically requested by the customer, unless the customer
consents to the substitution. Any violation of this subsection by an employee
must be attributed to the retailer.
2. A retailer who violates the provisions
of subsection 1:
(a) For the first offense, is guilty of a
misdemeanor and shall be fined an amount not to exceed $1,000, plus the costs
of prosecution. No sentence of incarceration may be imposed.
(b) For the second offense, is guilty of a gross
misdemeanor and shall be fined an amount not to exceed $2,000, plus the costs
of prosecution. No sentence of incarceration may be imposed.
(c) For a third or subsequent offense, is guilty
of a gross misdemeanor and shall be fined an amount equal to the costs of
prosecution. The court shall impose no other criminal penalty, but shall,
within 5 working days after the conviction, issue an order revoking the license
to sell intoxicating liquor of the business and forward a certified copy of the
order to the liquor board of county or governing body of the city, as applicable,
which licensed the sale of liquor at the retailer
s place of business. The
board shall not reissue such a license for that place of business for a period
of at least 1 year.
3. In addition to the criminal penalties
set forth in this section, the retailer, upon conviction, is liable in civil
suit to the customer and to the supplier and wholesaler of the requested
alcoholic beverage for the damages which result from the substitution. The
court shall award the prevailing party in such an action attorney
s fees and
his or her costs of the action.
4. As used in this section:
(a)
Alcoholic beverage
has the meaning ascribed
to it in NRS 202.015 .
(b)
Retailer
means the owner of a business
where alcoholic beverages are sold by the drink. The term includes any person
employed by the owner.
(c)
Supplier
has the meaning ascribed to it in NRS 597.140 .
(d)
Wholesaler
has the meaning ascribed to it
in NRS 597.150 .
(Added to NRS by 1991,
360 ; A 1995,
1572 )
Enforcement
NRS 597.262 Enforcement by Attorney General and district attorneys;
exceptions.
1. Except as otherwise provided in this
section and NRS 228.380 , the Attorney
General has primary jurisdiction to 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. The Attorney General has concurrent
jurisdiction with the district attorneys of this State to enforce the
provisions of NRS 597.225 and 597.245 .
3. This section does not prohibit:
(a) A wholesaler from bringing an action against
a supplier pursuant to NRS 597.157 or 597.170 .
(b) A customer, supplier or wholesaler from
bringing an action against a retailer pursuant to NRS 597.260 .
(Added to NRS by 2003,
973 ; A 2005,
1273 ; 2009,
1544 )
ASSISTIVE DEVICES
NRS 597.264 Definitions. As
used in NRS 597.264 to 597.2667 , inclusive, unless the context
otherwise requires the words and terms defined in NRS 597.2643 to 597.265 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 1997,
942 )
NRS 597.2643
Assistive device
defined.
Assistive
device
means a device purchased or accepted for delivery in this state that
enhances the ability of a person to perform a major life activity, including,
but not limited to:
1. Manual or motorized wheelchairs,
scooters and other devices that enhance the ability of a person to move;
2. Hearing aids, devices for
telecommunication and any other devices that enhance the ability of a person to
hear;
3. Voice synthesizers, optical scanners,
Braille printers and any other devices that enhance the ability of a person to
communicate;
4. Light amplifiers, magnification
equipment, Braille equipment and any other devices that enhance the ability of
a person to see; and
5. Any other device that enhances the ability
of a person to move, hear, communicate or see.
(Added to NRS by 1997,
942 )
NRS 597.2645
Consumer
defined.
Consumer
means:
1. A person who leases or purchases, other
than for the purposes of resale, an assistive device;
2. A person to whom an assistive device is
transferred during the period the express warranty of a manufacturer is in
effect; or
3. Any other person who is entitled by the
terms of the warranty to enforce its obligations.
(Added to NRS by 1997,
943 )
NRS 597.2647
Dealer
defined.
Dealer
means a person who sells or leases assistive devices to consumers.
(Added to NRS by 1997,
943 )
NRS 597.265
Manufacturer
defined.
Manufacturer
means a person who manufactures or assembles assistive devices or an agent of
that person, including an importer or a distributor. The term does not include
a dealer.
(Added to NRS by 1997,
943 )
NRS 597.2653 Manufacturer to provide express warranty for new assistive
device; effective period of warranty; failure to provide warranty.
1. A manufacturer who, directly or through
a dealer, sells or leases to a consumer in this state an assistive device that
has not been previously sold or leased shall provide an express warranty for
that device. The express warranty does not:
(a) Take effect until the consumer takes
possession of the device; and
(b) Expire less than 1 year after the delivery of
the device to the consumer.
2. If a manufacturer fails to provide an
express warranty required by this section, the assistive device shall be deemed
to be covered by the express warranty of the manufacturer.
(Added to NRS by 1997,
943 )
NRS 597.2655 Repair of assistive device not in conformance with express
warranty. If an assistive device
does not conform to the express warranty of the manufacturer and the consumer
reports the nonconformity to the manufacturer or dealer and makes the assistive
device available for repair before the expiration of the express warranty, the
manufacturer or dealer shall make the repairs necessary to conform the
assistive device to the express warranty without regard to whether the repairs
will be made after the expiration of the express warranty.
(Added to NRS by 1997,
943 )
NRS 597.2657 Inability of manufacturer or dealer to conform assistive device
to express warranty after reasonable number of repairs: Replacement or refund;
presumptions.
1. If, after a reasonable number of
repairs, the manufacturer or dealer is unable to conform the assistive device
to the express warranty and the defect or condition causing the nonconformity
substantially impairs the use and value of the assistive device to the consumer
and is not the result of abuse, neglect or unauthorized modifications or
alterations of the assistive device by the consumer, the manufacturer shall:
(a) Replace the assistive device with an
assistive device of the same model and having the same features as the replaced
device, or if such a device cannot be delivered to the consumer within a
reasonable period, a comparable assistive device substantially similar to the
replaced device; or
(b) Accept the return of the assistive device
from the consumer and refund to the consumer, within 30 days after the return
of the device, the purchase price of the device, including all sales taxes and
finance charges paid by the consumer, and any other expenses related to the
purchase and use of the assistive device, less a reasonable allowance for use
of the assistive device. As used in this paragraph
reasonable allowance for
use
means that amount that is directly attributable to the use of the device
by the consumer before his or her first report of the nonconformity to the
manufacturer or dealer and during any subsequent period that the assistive
device is not out of service for repairs.
2. It is presumed that a reasonable number
of repairs have been undertaken to conform an assistive device to an applicable
express warranty if:
(a) The same nonconformity has been subject to
repair three or more times by the manufacturer or dealer within the time the
express warranty is in effect, but the nonconformity continues to exist; or
(b) The assistive device is unavailable for use
by the consumer because of a nonconformity for a cumulative total of 30 days or
more within the period the express warranty is in effect, except that if the
necessary repairs cannot be made for reasons which are beyond the control of
the manufacturer or dealer, the number of days required to give rise to the
presumption must be appropriately extended.
(Added to NRS by 1997,
943 )
NRS 597.266 Manufacturer to reimburse consumer for rental of assistive
device in certain circumstances; action against dealer for failure to deliver
assistive device for repair in timely manner.
1. If an assistive device covered by an
express warranty of a manufacturer is made available for repair pursuant to NRS 597.2655 and:
(a) The device is not repaired within 10 working
days, including the day on which the assistive device is made available for
repair; or
(b) The defect or malfunction that is the cause
of nonconformity is the same defect or malfunction for which the assistive
device has been made available for repair two or more times,
the
manufacturer shall provide to the consumer, for the duration of the period of
repair, a reimbursement of not more than $30 each day for the rental of an
assistive device.
2. If a dealer does not deliver the
assistive device to the manufacturer in a timely manner that allows the
manufacturer to repair the device within 10 working days, the manufacturer may
bring an action against the dealer for reimbursement of any money that the
manufacturer is required to pay to a consumer pursuant to subsection 1.
(Added to NRS by 1997,
944 )
NRS 597.2663 Sale or lease of returned assistive device prohibited unless
reason for return disclosed to prospective consumer. An
assistive device that is returned to a manufacturer by a consumer in this state
pursuant to NRS 597.2657 may not be
sold or leased in this state unless the reason for the return of the assistive
device is disclosed to the prospective consumer.
(Added to NRS by 1997,
944 )
NRS 597.2665 Action for damages and equitable relief; costs and attorney
s
fees.
1. In addition to any other remedy
available to a consumer, a consumer may bring an action to recover any damages
caused by a manufacturer or dealer who violates any of the provisions of NRS 597.264 to 597.2667 , inclusive.
2. The court shall award to the prevailing
party not more than twice the amount of the damages, and costs, including
attorney
s fees and any equitable relief that the court determines is
appropriate.
(Added to NRS by 1997,
944 )
NRS 597.2667 Rights and remedies not exclusive; waiver of rights void.
1. The provisions of NRS 597.264 to 597.2667 , inclusive, do not limit any
rights or remedies a consumer may have pursuant to any other law or agreement.
2. A waiver by a consumer of any of the
rights provided pursuant to NRS 597.264
to 597.2667 , inclusive, is void.
(Added to NRS by 1997,
944 )
DIAGNOSIS, MAINTENANCE AND REPAIR OF MOBILITY DEVICES
NRS 597.267 Definitions. As
used in NRS 597.267 to 597.2697 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.2671 to 597.2691 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 2025,
712 )
NRS 597.2671
Authorized repair provider
defined.
Authorized
repair provider
means:
1. A person operating in this State who is
not affiliated with an original equipment manufacturer and who has an
arrangement with an original equipment manufacturer under which the original
equipment manufacturer grants to the person a license to use a trade name,
service mark or other proprietary identifier for the purposes of offering the
services of diagnosis, maintenance or repair of equipment under the name of the
original equipment manufacturer or other arrangement with the original
equipment manufacturer to offer such services on behalf of the original
equipment manufacturer; or
2. An original equipment manufacturer who
is considered an authorized repair provider pursuant to NRS 597.2692 .
(Added to NRS by 2025,
712 )
NRS 597.2672
Authorized third-party provider
defined.
Authorized third-party provider
means a
person who is not affiliated with an original equipment manufacturer and who
has an arrangement with an original equipment manufacturer under which the
original equipment manufacturer grants to the person a license to use a trade
name, service mark or other proprietary identifier for the purposes of
distributing documentation, parts, embedded software, firmware or tools.
(Added to NRS by 2025,
712 )
NRS 597.2673
Diagnosis
defined.
Diagnosis
means the process of attempting to identify the issue or issues that cause
equipment not to be in fully working order.
(Added to NRS by 2025,
712 )
NRS 597.2674
Documentation
defined.
Documentation
means any manual, diagram, procedure for the performance of maintenance,
functional diagram, wiring diagram, reporting of output, description of a code
for required service, schematic for a circuit board, security code, password,
training material, information for troubleshooting, list of parts, list of
tools or other guidance or information that enables a person to diagnose,
maintain, repair or update equipment.
(Added to NRS by 2025,
712 )
NRS 597.2675
Embedded software
defined.
Embedded
software
means programmable instructions provided on firmware delivered with
an electronic component of equipment or with any part for the purpose of
restoring or improving the operation of the equipment or part and includes,
without limitation, all relevant patches and fixes that the original equipment
manufacturer makes to equipment or to any part for the purpose of restoring or
improving the equipment or part.
(Added to NRS by 2025,
712 )
NRS 597.2676
Equipment
defined.
Equipment
means a mobility device designed for a person with a physical disability,
including, without limitation, a powered wheelchair, manual wheelchair,
mobility scooter or power assist device for a manual wheelchair.
(Added to NRS by 2025,
713 )
NRS 597.2677
Firmware
defined.
Firmware
means a software program or set of instructions programmed on equipment or a
part to allow the equipment or part to communicate with itself or with other
computer hardware.
(Added to NRS by 2025,
713 )
NRS 597.2678
Independent repair provider
defined.
Independent
repair provider
means:
1. A person operating in this State who:
(a) Is engaged in the business of providing the
services of diagnosis, maintenance or repair of equipment;
(b) Does not have an arrangement described in
subsection 1 of NRS 597.2671 ; and
(c) Is not affiliated with an authorized repair
provider.
2. An original equipment manufacturer or
an authorized repair provider who has an arrangement described in subsection 1
of NRS 597.2671 with an original
equipment manufacturer who engages in the services of diagnosis, maintenance or
repair of equipment that is not manufactured by or on behalf of or sold or
supplied by the original equipment manufacturer.
(Added to NRS by 2025,
713 )
NRS 597.2679
Maintenance
defined.
Maintenance
means any act necessary to keep equipment that is currently working in fully
working order.
(Added to NRS by 2025,
713 )
NRS 597.268
Manual wheelchair
defined.
Manual
wheelchair
means a wheeled mobility device that is a chair that can either be
propelled by the user or pushed by another person.
(Added to NRS by 2025,
713 )
NRS 597.2681
Mobility scooter
defined.
Mobility
scooter
means an electric personal transporter that is used as a mobility aid
for a person who needs assistance with walking or moving from one place to
another.
(Added to NRS by 2025,
713 )
NRS 597.2682
Modification
or
modify
defined.
Modification
or
modify
means any alteration to equipment that is not maintenance or a
repair.
(Added to NRS by 2025,
713 )
NRS 597.2683
Original equipment manufacturer
defined.
Original equipment manufacturer
means a
person who, in the normal course of business, is engaged in the selling or
leasing of equipment manufactured by or on behalf of the person to any other
person in this State.
(Added to NRS by 2025,
713 )
NRS 597.2684
Owner
defined.
Owner
means a person who owns or leases equipment purchased or used in this State.
(Added to NRS by 2025,
713 )
NRS 597.2685
Pair a part
or
parts pairing
defined.
Pair a part
or
parts pairing
means the
practice by a manufacturer of using software to identify component parts
through a unique identifier.
(Added to NRS by 2025,
713 )
NRS 597.2686
Part
defined.
Part
means any replacement part or assembly of parts, either new or used, made
available by an original equipment manufacturer for the purposes of effecting
the diagnosis, maintenance or repair of equipment manufactured or sold by the
original equipment manufacturer.
(Added to NRS by 2025,
713 )
NRS 597.2687
Power assist device
defined.
Power
assist device
means a device which is attached to a manual wheelchair to
enable the user to propel the wheelchair with the expenditure of less effort.
(Added to NRS by 2025,
713 )
NRS 597.2688
Powered wheelchair
defined.
Powered
wheelchair
means a self-propelled vehicle, including a three-wheeled vehicle,
designed for and used by a person with a disability or a barrier to personal
mobility.
(Added to NRS by 2025,
714 )
NRS 597.2689
Repair
defined.
Repair
means any act necessary to restore equipment to fully working order.
(Added to NRS by 2025,
714 )
NRS 597.269
Tool
defined.
Tool
means any software program, hardware implement or other apparatus used for the
diagnosis, maintenance or repair of equipment, including, without limitation,
software or other mechanism that provides or calibrates functionality, program,
pair a part or perform any other function required to diagnose, maintain,
repair or update the original equipment or part to keep the equipment or part
in, or return the equipment or part to, fully functional condition.
(Added to NRS by 2025,
714 )
NRS 597.2691
Trade secret
defined.
Trade
secret
has the meaning ascribed to it in NRS
600A.030 .
(Added to NRS by 2025,
714 )
NRS 597.2692 Circumstances under which original equipment manufacturer is
considered authorized repair provider. For
the purposes of NRS 597.267 to 597.2697 , inclusive, an original equipment
manufacturer who, in the regular course of business, offers to an owner the
services of diagnosis, maintenance or repair of its own equipment shall be
considered an authorized repair provider with respect to such equipment.
(Added to NRS by 2025,
714 )
NRS 597.2693 Original equipment manufacturer required to make available to
independent repair provider or owner of equipment, on fair and reasonable
terms, certain documentation, parts and tools.
1. An original equipment manufacturer
shall make available to any independent repair provider or owner of equipment
manufactured by the original equipment manufacturer, on fair and reasonable
terms, any documentation, parts and tools that are intended for use with the
equipment or any part, including, without limitation, updates to embedded
software, firmware or other documentation, parts and tools. The documentation,
parts and tools described in this subsection must be made available to an
independent repair provider or owner of equipment manufactured by the original
equipment manufacturer, either:
(a) Directly by the original equipment
manufacturer; or
(b) Indirectly, through an authorized repair
provider or authorized third-party provider.
2. For the purposes of subsection 1, with
respect to an original equipment manufacturer who has an arrangement with an
authorized repair provider described in subsection 1 of NRS 597.2671 :
(a) Documentation is made available by the
original equipment manufacturer on fair and reasonable terms if the
documentation, including, without limitation, any relevant updates, is made
available free of charge, except that, if the documentation is requested in
physical printed form, a charge may be imposed for the reasonable, actual costs
of preparing and sending the documentation.
(b) A part is made available by the original
equipment manufacturer on fair and reasonable terms if:
(1) The part is made available at a cost
and on terms that are equivalent to the most fair and reasonable costs and
terms under which the original equipment manufacturer offers the part to an
authorized repair provider, accounting for any discount, rebate, convenient and
timely means of delivery, means of enabling fully restored and updated
functionality, rights of use or any other incentive or preference the original
equipment manufacturer offers to an authorized repair provider; and
(2) The availability of the part is not
conditioned on and does not impose a substantial obligation to use or restrict
the use of the part to diagnose, maintain or repair the equipment sold, leased
or otherwise supplied by the original equipment manufacturer.
(c) A tool is made available by the original
equipment manufacturer on fair and reasonable terms if the tool is made
available:
(1) Without imposing impediments to access
to or the use of the tools to diagnose, maintain or repair the equipment and
enable full functionality of the equipment;
(2) In a manner that does not impair the
efficient and cost-effective performance of diagnosis, maintenance or repair of
the equipment; and
(3) Free of charge, except that, if the
tool is requested in physical form, a charge may be imposed for the reasonable,
actual costs of preparing and sending the tool.
3. For the purposes of subsection 1, with
respect to an original equipment manufacturer who does not have an arrangement
with an authorized repair provider described in subsection 1 of NRS 597.2671 , documentation, a part or a
tool is made available by the original equipment manufacturer on fair and
reasonable terms if the documentation, part or a tool is made available at a
price that reflects the actual cost incurred by the original equipment
manufacturer to prepare and deliver the documentation, part or tool, not
including any research or development costs.
(Added to NRS by 2025,
714 )
NRS 597.2694 Prohibited acts by original equipment manufacturer. An original equipment manufacturer shall not:
1. Retaliate against an authorized repair
provider for providing or selling, or hinder the ability of an authorized
repair provider to provide or sell, as applicable, documentation, parts or
tools pursuant to NRS 597.267 to 597.2697 , inclusive, through any means,
including, without limitation, by imposing a restriction on advertising or a
limitation on an allocation of a product that is not related to a legitimate
shortage of that product;
2. Condition or impose an obligation or
restriction that is not reasonably necessary to enable an independent repair
provider or owner to diagnose, maintain or repair equipment made by or on behalf
of the original equipment manufacturer; or
3. Use parts pairing or any other
mechanism to:
(a) Prevent or inhibit an independent repair
provider or an owner from installing or enabling the function of an otherwise
functional replacement part or a component of equipment, including, without
limitation, a replacement part or a component that the original equipment
manufacturer has not approved;
(b) Reduce the functionality or performance of
equipment; or
(c) Cause equipment to display misleading alerts
or warnings about unidentified parts which the owner cannot immediately
dismiss.
(Added to NRS by 2025,
715 )
NRS 597.2695 Limitation on construction of provisions. Nothing in NRS
597.267 to 597.2697 , inclusive,
shall be construed to:
1. Require an original equipment
manufacturer to divulge any trade secret to any independent repair provider or
owner except as necessary to provide documentation, parts or tools on fair and
reasonable terms and costs.
2. Alter the terms of any arrangement
described in subsection 1 of NRS 597.2671
in force between an original equipment manufacturer and an authorized repair
provider, including, without limitation, the performance or provision of work
in the form of repairs pursuant to warranty or recall by an authorized repair
provider on behalf of an original equipment manufacturer pursuant to the
arrangement, except that any provision in such terms that purports to waive,
avoid, restrict or limit the obligations of the original equipment manufacturer
to comply with NRS 597.267 to 597.2697 , inclusive, is void and
unenforceable.
3. Require an original equipment
manufacturer or an authorized repair provider to provide to an independent
repair provider or owner access to information, other than documentation, that
is provided by the original equipment manufacturer to an authorized repair
provider pursuant to the terms of an arrangement described in subsection 1 of NRS 597.2671 .
4. Require an original equipment
manufacturer to sell a part that is required or used to service equipment if
the part is no longer made available to an authorized service provider by the
original equipment manufacturer.
5. Prevent an original equipment
manufacturer from establishing reasonable programs for the training or
certification of independent repair providers, except that an original
equipment manufacturer shall not require an independent repair provider to
complete any such program for training or certification as a condition to be
entitled to any of the rights granted under NRS
597.267 to 597.2697 , inclusive.
(Added to NRS by 2025,
715 )
NRS 597.2696 Limitations on liability. An
original equipment manufacturer or authorized repair provider is not liable for
any damage or injury caused to any equipment, person or property, including,
without limitation, any:
1. Indirect, incidental, special or
consequential damages;
2. Loss of data, privacy or profits; or
3. Inability to use or reduced
functionality of equipment,
which occurs
as a result of the diagnosis, maintenance, repair or modification of equipment
performed by an independent repair provider or owner.
(Added to NRS by 2025,
716 )
NRS 597.2697 Violation constitutes deceptive trade practice. A violation of the provisions of NRS 597.267 to 597.2697 , inclusive, constitutes a
deceptive trade practice for the purposes of NRS
598.0903 to 598.0999 , inclusive.
(Added to NRS by 2025,
716 )
AUTOMOTIVE SERVICES
Service Stations
NRS 597.270 Definitions. As
used in NRS 597.270 to 597.470 , inclusive, unless the context
requires otherwise, the words and terms defined in NRS 597.280 to 597.380 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 1975,
1280 ; A 1987,
2197 ; 1999,
702 )
NRS 597.280
Affiliate
defined.
Affiliate
means any person who controls, is controlled by or is under common control with
any other person.
(Added to NRS by 1987,
2196 )
NRS 597.290
Control
defined.
Control
means the direct or indirect ownership of, or right to exercise a directing
influence over, more than 50 percent of the beneficial interest in any other
person.
(Added to NRS by 1987,
2196 )
NRS 597.300
Franchise
and
franchise agreement
defined.
Franchise
or
franchise agreement
means a
written or oral agreement between a refiner and a retailer under which the
retailer is granted the right:
1. To use a trademark, trade name, service
mark or other identifying symbol or name owned by the refiner; or
2. To occupy premises owned, leased or
controlled by the refiner, for the purpose of engaging in the retail sale of
motor vehicle fuel.
(Added to NRS by 1987,
2196 )
NRS 597.305
Lessee dealer
defined.
Lessee
dealer
means a retailer who operates a service station pursuant to a franchise
agreement if the service station is leased to the retailer by the refiner with
whom the retailer has entered into the franchise agreement.
(Added to NRS by 1997,
2015 )
NRS 597.310
Marketing area
defined.
Marketing
area
means an area of not more than 5 miles in any direction from a service
station selling the products of a refiner pursuant to a franchise.
(Added to NRS by 1987,
2196 )
NRS 597.320
Motor vehicle fuel
defined.
Motor
vehicle fuel
has the meaning ascribed to it in NRS 365.060 , except that it includes diesel
fuel.
(Added to NRS by 1987,
2196 )
NRS 597.330
Price
defined.
Price
means the net purchase price after any adjustment for a commission, fee, rebate
or discount, or for the furnishing of services or facilities.
(Added to NRS by 1987,
2196 )
NRS 597.340
Refiner
defined.
Refiner
means any person, including an affiliate, who:
1. Produced quantities of crude oil equal
to more than 30 percent of the domestic and imported crude oil supplied to his
or her refinery during the most recent calendar year for which information is
available;
2. Refines motor vehicle fuel from crude
oil; and
3. Has a total refinery capacity of more
than 175,000 barrels a day.
(Added to NRS by 1987,
2196 )
NRS 597.350
Refinery
defined.
Refinery
means a manufacturing facility at which motor vehicle fuel is produced from
crude oil.
(Added to NRS by 1987,
2196 )
NRS 597.360
Retailer
defined.
Retailer
means a:
1. Wholesale purchaser; or
2. Person who operates a service station
pursuant to a franchise agreement with a refiner or wholesale purchaser.
(Added to NRS by 1987,
2196 )
NRS 597.370
Service station
defined.
Service
station
means an establishment where motor vehicle fuel is sold to the general
public.
(Added to NRS by 1987,
2197 )
NRS 597.380
Wholesale purchaser
defined.
Wholesale
purchaser
means any person who purchases motor vehicle fuel or other petroleum
products from a refiner or other wholesaler for distribution to service
stations or to individual or business consumers.
(Added to NRS by 1987,
2197 )
NRS 597.390 Prohibited practices of refiners. A
refiner shall not, directly or indirectly or through any officer, agent or
employee:
1. Prohibit, directly or indirectly, the
right of free association among retailers or wholesale purchasers for any
lawful purpose.
2. Change or modify any restrictions upon
business activities of a retailer during the term of the franchise that are not
related to the sale of motor vehicle fuel or other petroleum products.
3. Unreasonably reduce, limit or curtail
the supply of motor vehicle fuel or other petroleum products to any retailer or
wholesale purchaser.
4. Place unreasonable restrictions upon
business activities of a retailer that are not related to the sale of motor
vehicle fuel or other petroleum products or upon any business activities of a
wholesale purchaser.
(Added to NRS by 1975,
1281 ; A 1987,
2198 )
NRS 597.400 Circumstances under which fair compensation is required on
failure of refiner to renew franchise.
1. A refiner shall not fail to renew the
franchise of any retailer without fairly compensating the retailer at a fair
going business value for his or her capital investment if:
(a) The capital investment was entered into with
reasonable and prudent business judgment for the purpose of fulfilling the
franchise; and
(b) The cancellation or failure to renew was not
done in good faith.
2. For the purposes of this section,
capital investment
includes, but is not limited to, tools, equipment and any
inventory of parts possessed by the retailer on the day of notification of
cancellation or nonrenewal and which are still in the retailer
s possession on
the day the cancellation or nonrenewal is effective.
(Added to NRS by 1975,
1281 ; A 1987,
2199 )
NRS 597.410 Required notice of termination, cancellation or failure to renew
franchise or contract.
1. Except as otherwise provided in subsection
2 or 3, a refiner shall not, directly or indirectly, or through an officer,
agent or employee terminate, cancel or fail to renew a franchise or a contract
with a wholesale purchaser without first giving to the retailer or wholesale
purchaser written notice as follows:
(a) In case of cancellation or termination,
specifying all matters of claimed noncompliance with the agreement and allowing
the other party at least 30 days to comply with the terms of the agreement. If
the other party does not comply, the cancellation or termination is effective
on the date set forth in the notice.
(b) At least 30 days before the expiration of a
term of an agreement, specifying:
(1) All the reasons for any intention of
the refiner not to renew; or
(2) Any change in price, rent, terms or conditions
to which renewal of the agreement is subject.
2. If the alleged ground is voluntary
abandonment by the retailer of the franchise, or by the wholesale purchaser of
his or her contract, the written notice may be given 3 days before the
termination or cancellation.
3. If the alleged ground is the conviction
of the retailer of a crime punishable as a felony and related to the business
conducted pursuant to the franchise, termination, cancellation or failure to
renew may be effective immediately.
(Added to NRS by 1975,
1281 ; A 1987,
2199 )
NRS 597.420 Effect of failure to serve notice. The
failure of a refiner to serve notice upon a retailer or wholesale purchaser as
required in NRS 597.410 constitutes a
grant of the option by the refiner to the retailer or wholesale purchaser to
renew the franchise or contract for a period of 1 year under the same price,
rent, terms and conditions as the expiring agreement. The option expires 45
days after the date when notice should have been served, unless exercised by
written notice to the refiner.
(Added to NRS by 1975,
1282 ; A 1987,
2199 )
NRS 597.430 Manner of giving notice. All
notices required of refiners under NRS
597.410 or 597.420 must be given in
writing by certified mail, return receipt requested, to:
1. The address indicated in the agreement
or as subsequently changed by the party in writing; or
2. If no address was designated, the
party
s place of business.
(Added to NRS by 1975,
1282 ; A 1987,
2200 )
NRS 597.440 Restrictions on refiner
s operation of service stations. On or after January 1, 2001, a refiner who
engages in the direct operation of:
1. Less than 30 service stations in this
state, with his or her own employees or through a subsidiary or commissioned
agent or a person on the basis of a fee, may commence the direct operation of
not more than 5 additional service stations per calendar year, but in no case
may the refiner commence the direct operation of more than 30 service stations
without complying with the provisions of subsection 2.
2. At least 30 service stations in this
state, with his or her own employees or through a subsidiary or commissioned
agent or a person on the basis of a fee, may commence the direct operation of
additional service stations per year, with his or her own employees or through
a subsidiary or commissioned agent or person on the basis of a fee, only if,
during the year in which the service stations are added, the refiner leases, in
addition to the number of service stations leased by the refiner to lessee
dealers on July 1, 1997, at least 1 additional service station to a lessee dealer
for every 2 directly operated service stations added. For the purposes of this
subsection, an additional service station leased by the refiner to a lessee
dealer before the refiner engages in the direct operation of at least 30
service stations shall be deemed to be 1 service station leased to a lessee
dealer during any year following the year in which the refiner engages in the
direct operation of at least 30 service stations.
(Added to NRS by 1987,
2197 ; A 1997,
2016 ; 2003,
1221 )
NRS 597.450 Temporary operation of service station by refiner; limitations
on temporary operation; price of motor vehicle fuel sold to other retailers.
1. If a refiner is unable to commence the
direct operation of a service station because of the restrictions set forth in NRS 597.440 , the refiner may operate the
service station temporarily for not more than 180 days if:
(a) The retailer voluntarily terminates or agrees
not to renew the franchise for the service station; or
(b) The franchise for the service station is
terminated by the refiner pursuant to NRS
597.270 to 597.470 , inclusive.
2. During the temporary operation of a
service station by a refiner, the refiner may sell motor vehicle fuel to other
retailers in the marketing area of that service station at a price not less
than 4 cents below the retail price of fuel at the service station the refiner
is operating.
(Added to NRS by 1987,
2197 ; A 2003,
1222 )
NRS 597.460 Refiner
s failure to act in good faith or use of undue influence
prohibited. A refiner shall not,
directly or indirectly or through any officer, agent or employee:
1. Fail to act in good faith in performing
or complying with any term or provision of, or collateral to, a franchise or a
contract with a wholesale purchaser.
2. Use undue influence to induce a
retailer to surrender any right given to the retailer by any provision
contained in the franchise.
(Added to NRS by 1987,
2197 )
NRS 597.470 Judicial relief; costs and attorney
s fees.
1. A retailer, wholesale purchaser or
refiner may bring an action against the other party for violation of their
respective agreements and may:
(a) Recover the damages sustained.
(b) Obtain injunctive relief to prevent loss of
rights or restore rights lost.
2. The remedies provided in this section
are independent of and supplemental to any other remedy available to the
retailer, wholesale purchaser or refiner in law or equity.
3. In any action under this section the
prevailing party is entitled to recover from the losing party all costs
incurred, including reasonable attorney
s fees.
(Added to NRS by 1975,
1282 ; A 1987,
2200 )
Repairs to Conform to Express Warranties
NRS 597.600 Definitions. As
used in NRS 597.600 to 597.688 , inclusive, unless the context
otherwise requires:
1.
Buyer
means:
(a) A person who purchases or contracts to
purchase, other than for purposes of resale, a motor vehicle normally used for
personal, family or household purposes.
(b) Any person to whom the motor vehicle is
transferred during the time a manufacturer
s express warranty applicable to the
motor vehicle is in effect.
(c) Any other person entitled by the terms of the
warranty to enforce its obligations.
2. Except as otherwise provided in this
subsection,
motor vehicle
has the meaning ascribed to it in NRS 482.075 . The term does not include
motor homes or off-road vehicles except for the purposes of NRS 597.680 .
(Added to NRS by 1983,
610 ; A 1985,
2026 ; 1995,
2366 ; 2005,
1249 )
NRS 597.610 Report of defect in motor vehicle; duty of manufacturer. If a new motor vehicle does not conform to all
of the manufacturer
s applicable express warranties and the buyer reports the
nonconformity in writing to the manufacturer:
1. Before the expiration of the
manufacturer
s express warranties; or
2. No later than 1 year after the date the
motor vehicle is delivered to the original buyer,
whichever
occurs earlier, the manufacturer, its agent or its authorized dealer shall make
such repairs as are necessary to conform the vehicle to the express warranties
without regard to whether the repairs will be made after the expiration of the
express warranty or the time described in subsection 2.
(Added to NRS by 1983,
610 )
NRS 597.620 Submission of claim to manufacturer for replacement or refund
according to designated procedure. If
the manufacturer has established or designated a procedure for settling
disputes informally which substantially complies with the provisions of Title
16 of the Code of Federal Regulations, Part 703, a buyer must first submit his
or her claim for replacement of the motor vehicle or for refund of the purchase
price under that procedure before bringing any action under NRS 597.630 .
(Added to NRS by 1983,
612 )
NRS 597.630 Duties of manufacturer if motor vehicle cannot be conformed to
express warranties.
1. If, after a reasonable number of
attempts, the manufacturer, or its agent or authorized dealer is unable to
conform the motor vehicle to any applicable express warranty by repair or
correction and the defect or condition causing the nonconformity substantially
impairs the use and value of the motor vehicle to the buyer and is not the
result of abuse, neglect or unauthorized modifications or alterations of the motor
vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable
motor vehicle of the same model and having the same features as the replaced
vehicle, or if such a vehicle cannot be delivered to the buyer within a
reasonable time, then a comparable motor vehicle substantially similar to the
replaced vehicle; or
(b) Accept return of the motor vehicle from the
buyer and refund to him or her the full purchase price including all sales
taxes, license fees, registration fees and other similar governmental charges,
less a reasonable allowance for his or her use of the vehicle. A reasonable
allowance for use is that amount directly attributable to use by the buyer
before his or her first report of the nonconformity to the manufacturer, agent
or dealer and during any subsequent period when the vehicle is not out of
service for repairs. Refunds must be made to the buyer, and lienholder if any,
as their interests may appear.
2. It is presumed that a reasonable number
of attempts have been undertaken to conform a motor vehicle to the applicable
express warranties where:
(a) The same nonconformity has been subject to
repair four or more times by the manufacturer, or its agent or authorized
dealer within the time the express warranty is in effect or within 1 year
following the date the motor vehicle is delivered to the original buyer,
whichever occurs earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out of service for
repairs for a cumulative total of 30 or more calendar days within the time the
express warranty is in effect or within 1 year following the date the motor
vehicle is delivered to the original buyer, whichever occurs earlier, except
that if the necessary repairs cannot be made for reasons which are beyond the
control of the manufacturer or its agent or authorized dealer, the number of
days required to give rise to the presumption must be appropriately extended.
(Added to NRS by 1983,
611 )
NRS 597.640 Tolling of period for express warranties. For the purposes of NRS 597.600 to 597.670 , inclusive, the running of the time
an express warranty is in effect or of any other period of time described in
those sections is tolled for the time during which services to repair the motor
vehicle are not reasonably available to the buyer because of a war, invasion or
strike, or because of a fire, flood or other natural disaster.
(Added to NRS by 1983,
611 )
NRS 597.650 Commencement of action by buyer. Any
action brought pursuant to NRS 597.600 to
597.630 , inclusive, must be commenced
within 18 months after the date of the original delivery of the motor vehicle
to the buyer.
(Added to NRS by 1983,
612 )
NRS 597.660 Waiver of rights by buyer prohibited. Any
provision in any agreement between the manufacturer or its agent or authorized
dealer and the buyer which provides that the buyer agrees to waive or forego
any rights or remedies afforded by NRS
597.600 to 597.630 , inclusive, is
void.
(Added to NRS by 1983,
612 )
NRS 597.670 Effect on other rights and remedies of buyer. The provisions of NRS 597.600 to 597.630 , inclusive, do not limit any other
right or remedy which the buyer may have by law or by agreement.
(Added to NRS by 1983,
612 )
NRS 597.675 Notification of manufacturer regarding change in residential
address. Any person entitled by
the terms of a manufacturer
s express warranty to enforce its obligations is
responsible for notifying the manufacturer of any change in his or her
residential address.
(Added to NRS by 1995,
2366 )
NRS 597.680 Reimbursement by manufacturer for cost of repairs to conform
vehicle to express warranties. The
manufacturer shall reimburse its agent or authorized dealer for the cost of
repairs made to a motor vehicle to conform it to the manufacturer
s express
warranties. The reimbursement must be paid at the rate usually billed by the
agent or dealer to the general public for similar repairs.
(Added to NRS by 1985,
2026 )
NRS 597.682 Lemon Law Buyback: General duties regarding retitling, notice
and disclosures.
1. A manufacturer, or its agent or
authorized dealer, who reacquires a motor vehicle pursuant NRS 597.630 that was registered in this
State, or any other state, the District of Columbia or any territory or
possession of the United States, or who assists a lienholder in reacquiring
such a motor vehicle, shall, before selling, leasing or transferring ownership
of the motor vehicle in this State or exporting the motor vehicle to another
state for sale, lease or transfer:
(a) Cause the motor vehicle to be retitled in the
name of the manufacturer;
(b) Request the Department of Motor Vehicles to
inscribe the certificate of ownership for the motor vehicle with the notation
Lemon Law Buyback
; and
(c) Affix a decal to the motor vehicle in
accordance with subsection 6.
2. Any manufacturer who reacquires, or
assists a dealer or lienholder in reacquiring, a motor vehicle in response to a
request by the buyer or lessee that the motor vehicle be replaced or accepted
for a refund because the motor vehicle did not conform to express warranties
shall, before the sale, lease or other transfer of the motor vehicle, execute
and deliver to the subsequent transferee a notice and obtain the transferee
s
written acknowledgment of the notice in accordance with NRS 597.684 .
3. Any person, including any dealer, who
acquires a motor vehicle for resale and knows that the motor vehicle was
reacquired by the manufacturer of the motor vehicle pursuant to NRS 597.630 shall, before the sale, lease
or other transfer, execute and deliver to the subsequent transferee a notice
and obtain the transferee
s written acknowledgment of the notice in accordance
with NRS 597.684 .
4. Any person, including any manufacturer
or dealer, who sells, leases or transfers ownership of a motor vehicle when the
certificate of ownership for the motor vehicle is inscribed with the notation
Lemon Law Buyback
shall, before the sale, lease, or ownership transfer of the
motor vehicle, submit to the transferee a written disclosure signed by the
transferee stating that:
THIS VEHICLE WAS REPURCHASED
BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER
WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH
THE NOTATION
LEMON LAW BUYBACK.
5. The requirements for disclosure set
forth in subsections 1, 2 and 3 are in addition to any other notice
requirements for consumers and do not relieve any person, including any dealer
or manufacturer, from complying with any other applicable law.
6. The decal required pursuant to
subsection 1 must be affixed to the left front doorframe of the motor vehicle
or, if the motor vehicle does not have a left front doorframe, in a location
designated by the Department of Motor Vehicles. The decal must specify that the
certificate of title to the motor vehicle has been permanently inscribed with
the notation
Lemon Law Buyback.
A person shall not knowingly remove or alter
any decal affixed to a motor vehicle pursuant to this subsection, regardless of
whether the motor vehicle is licensed pursuant to this chapter.
(Added to NRS by 2005,
1246 )
NRS 597.684 Lemon Law Buyback: Form of notice.
1. The notice required pursuant to
subsections 1, 2 and 3 of NRS 597.682
must be prepared by the manufacturer of the reacquired motor vehicle and
specify:
(a) The year, make, model and vehicle
identification number of the motor vehicle.
(b) Whether the certificate of title for the
motor vehicle has been inscribed with the notation
Lemon Law Buyback.
(c) The nature of each nonconformity reported by
the original buyer or lessee of the motor vehicle.
(d) The repairs, if any, made to the motor
vehicle in an attempt to correct each nonconformity reported by the original
buyer or lessee.
2. The notice must be included on a form 8
1/2 x 11 inches in size and printed in a size equal to at least 10-point black
type on a white background. The form must only contain the following
information and be completed by the manufacturer:
WARRANTY BUYBACK NOTICE
(Check One)
/__/ This vehicle was repurchased by
the vehicle
s manufacturer after the last retail owner or lessee requested its
repurchase because of the problems listed below.
/__/ THIS VEHICLE WAS REPURCHASED BY
ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER
WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH
THE NOTATION
LEMON LAW BUYBACK.
Under Nevada law, the manufacturer must
warrant to you, for 1 year, that the vehicle is free of the problems listed
below.
V.I.N.
Year
Make
Model
Problem(s) Reported
by Original Owner
Repairs Made, if
any, to Correct Reported Problem(s)
Signature of Manufacturer
Date
..................................................................
Signature of Dealers
Date
..................................................................
..................................................................
Signature of Retail Buyer or Lessee
Date
..................................................................
..................................................................
(Added to NRS by 2005,
1247 )
NRS 597.686 Lemon Law Buyback: Prohibition against certain nondisclosure
agreements.
1. A manufacturer, importer, distributor,
dealer or lienholder who reacquires or assists in reacquiring a motor vehicle,
whether by judgment, decree, arbitration award, settlement agreement or
voluntary agreement, shall not:
(a) Require, as a condition of the reacquisition
of the motor vehicle, a buyer or lessee who is a resident of this State to
agree to refrain from disclosing the problems with the motor vehicle
experienced by the buyer or lessee or the nonfinancial terms of the
reacquisition.
(b) Include, in any release or other agreement,
whether prepared by the manufacturer, importer, distributor, dealer or
lienholder, for signature by the buyer or lessee, a confidentiality clause, gag
clause or similar clause prohibiting the buyer or lessee from disclosing
information to any other person concerning the problems with the motor vehicle
or the nonfinancial terms of the reacquisition of the motor vehicle by the
manufacturer, importer, distributor, dealer or lienholder.
2. Any confidentiality clause, gag clause
or similar clause included in the release or other agreement in violation of
this section is void.
3. The provisions of this section do not
prohibit the inclusion within the release or other agreement any
confidentiality clause, gag clause or similar clause regarding the financial
terms of the reacquisition of the motor vehicle.
(Added to NRS by 2005,
1248 )
NRS 597.688 Lemon Law Buyback: Civil action. A
person who incurs an injury or damages as the proximate result of a violation
of the provisions of NRS 597.682 , 597.684 or 597.686 may commence an action in a court
of competent jurisdiction for the recovery of his or her actual damages, costs
and reasonable attorney
s fees and for any punitive damages that the facts may
warrant.
(Added to NRS by 2005,
1249 )
Miscellaneous Provisions
NRS 597.690 Manufacturer required to remedy defects in vehicle related to safety
without charge.
1. Every manufacturer of a vehicle who
furnishes notification to the registered owner of the vehicle of any defect in
the vehicle related to vehicle safety shall, notwithstanding the limitations of
any warranty relating to such vehicle, correct such defect at the
manufacturer
s expense and without charge to the registered owner of the
vehicle if the vehicle is returned to any vehicle dealer franchised by the
manufacturer to market the vehicle, or, at the election of the manufacturer,
reimburse the registered owner for the actual cost of making such correction.
2. This section does not require a vehicle
dealer to make the required correction if the manufacturer has failed to make
available to the dealer the parts needed to make the correction.
(Added to NRS by 1973,
675 )
NRS 597.710 Unlawful to place certain transparent material upon windshield
or side or rear window of motor vehicle for compensation; exception. It is unlawful for a person, for compensation,
to place, install, affix or apply upon the windshield or side or rear window of
a motor vehicle any transparent material which alters the color or reduces the
light transmission of the windshield or side or rear window unless he or she
displays conspicuously in those areas of his or her place of business
frequented by persons seeking such services a sign, not less than 22 inches by
28 inches in size, setting forth in boldface letters the following:
STATE LAW PROHIBITS THE PLACEMENT OF
ANY MATERIAL ON A WINDSHIELD OR SIDE OR REAR WINDOW WHICH ALTERS THE COLOR OR
REDUCES THE LIGHT TRANSMISSION OF THE WINDSHIELD OR ANY SIDE OR REAR WINDOW OF
A MOTOR VEHICLE, EXCEPT THAT THIS PROHIBITION DOES NOT APPLY TO:
1. A WINDOW THAT
IS TO THE IMMEDIATE RIGHT OR LEFT OF THE DRIVER IF THE WINDOW IS:
(A) NONREFLECTIVE; AND
(B) HAS A TOTAL LIGHT
TRANSMISSION THROUGH THE COMBINATION, IF ANY, OF TRANSPARENT MATERIAL AND
SAFETY GLAZING OF NOT LESS THAN 35 PERCENT WITH A TOLERANCE OF 7 PERCENT.
2. A SIDE WINDOW
THAT IS TO THE REAR OF THE DRIVER, OR A REAR WINDOW, IF THE VEHICLE HAS OUTSIDE
MIRRORS ON EACH SIDE THAT ARE LOCATED SO AS TO REFLECT TO THE DRIVER A VIEW OF
THE HIGHWAY THROUGH EACH MIRROR FOR A DISTANCE OF NOT LESS THAN 200 FEET TO THE
REAR OF THE VEHICLE.
3. ANY
TRANSPARENT MATERIAL THAT IS INSTALLED, AFFIXED OR APPLIED TO THE TOPMOST
PORTION OF THE WINDSHIELD IF:
(A) THE BOTTOM EDGE OF
THE MATERIAL IS NOT LESS THAN 29 INCHES ABOVE THE UNDEPRESSED DRIVER
S SEAT
WHEN MEASURED FROM A POINT 5 INCHES IN FRONT OF THE BOTTOM OF THE BACKREST WITH
THE DRIVER
S SEAT IN ITS REARMOST AND LOWERMOST POSITION WITH THE VEHICLE ON A
LEVEL SURFACE; AND
(B) THE MATERIAL IS NOT
RED OR AMBER IN COLOR.
(Added to NRS by 1993,
2434 )
CHILDREN
S PRODUCTS SUBJECT TO RECALL OR WARNING
NRS 597.711 Definitions. As
used in NRS 597.711 to 597.7118 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7112 , 597.7114 and 597.7116 have the meanings ascribed to
them in those sections.
(Added to NRS by 2009,
2440 )
NRS 597.7112
Children
s product
defined.
Children
s
product
means a consumer product that is designed or intended:
1. For the care of or use by a child under
12 years of age; or
2. To come into physical contact with a
child under 12 years of age at the time the product is used.
For the purposes
of this subsection,
children
s product
does not include soap or any
medication, drug, food or other product that is intended to be ingested or that
is regulated by the Food and Drug Administration of the United States
Department of Health and Human Services.
(Added to NRS by 2009,
2441 )
NRS 597.7114
Retailer
defined.
Retailer
means a person who, in the ordinary course of business, advertises, sells or
offers for sale, leases, sublets or otherwise distributes a new or used
children
s product to consumers in this State, including, without limitation,
thrift stores, second-hand stores and consignment stores.
(Added to NRS by 2009,
2441 )
NRS 597.7116
Warning
defined.
Warning
means a communication which is about a health or safety hazard that a
children
s product poses to consumers and which is:
1. Directed to a retailer; and
2. Intended to inform the retailer about
the health or safety hazard, instruct the retailer to remove the children
s
product from the retailer
s inventory or provide the retailer with a method to
eliminate the health or safety hazard from the children
s product.
For the
purposes of this section,
warning
does not include a communication which is
directed to consumers and affixed to the children
s product or any packaging
material for the children
s product or provided by the retailer to the consumer
as part of a transaction relating to the children
s product.
(Added to NRS by 2009,
2441 )
NRS 597.7118 Sale of children
s products subject to recall or warning
prohibited; duties of retailer.
1. A retailer shall not advertise, sell or
offer for sale, lease, sublet or otherwise distribute a children
s product to
consumers in this State if the children
s product is:
(a) Subject to a recall notice issued by or in
cooperation with the United States Consumer Product Safety Commission or its
successor agency; or
(b) The subject of a warning issued by the
manufacturer of the children
s product or the United States Consumer Product
Safety Commission or its successor agency indicating that the intended use of
the children
s product constitutes a health or safety hazard, unless the
retailer has eliminated the hazard in strict compliance with any standards and
instructions that are provided in or related to the warning.
2. A retailer shall:
(a) Subscribe to or arrange to receive recall
notices and warnings issued by the United States Consumer Product Safety
Commission or its successor agency and manufacturers from whom the retailer
receives children
s products;
(b) Dispose of any children
s product identified
in a recall notice or a warning issued by or in cooperation with the United
States Consumer Product Safety Commission or its successor agency or the
manufacturer of the children
s product in strict compliance with disposal
instructions included with or related to the recall notice or the warning; and
(c) Comply strictly with instructions issued with
or related to a recall notice or a warning issued by the United States Consumer
Product Safety Commission or its successor agency or the manufacturer of the
children
s product for the return, repair, retrofitting, labeling or
remediation of any children
s product.
(Added to NRS by 2009,
2441 )
INFANT CRIB SAFETY ACT
NRS 597.712 Short title. NRS 597.712 to 597.7128 , inclusive, may be referred to as
the Infant Crib Safety Act.
(Added to NRS by 2009,
2442 )
NRS 597.7121 Definitions. As
used in NRS 597.712 to 597.7128 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7122 , 597.7123 and 597.7124 have the meanings ascribed to
them in those sections.
(Added to NRS by 2009,
2442 )
NRS 597.7122
Commercial user
defined.
Commercial
user
means any person, firm, corporation, association or nonprofit
corporation, or any agent or employee thereof, including, without limitation, a
child care facility licensed and in good standing pursuant to chapter 432A of NRS, who:
1. Deals in cribs of the kind governed by NRS 597.712 to 597.7128 , inclusive;
2. By virtue of the person
s occupation,
purports to have knowledge or skill peculiar to cribs of the kind governed by NRS 597.712 to 597.7128 , inclusive; or
3. Is in the business of remanufacturing,
retrofitting, selling, leasing, subletting or otherwise placing cribs in the
stream of commerce.
(Added to NRS by 2009,
2442 )
NRS 597.7123
Crib
defined.
Crib
means:
1. Any full-size baby crib as described in
16 C.F.R.
1508.3; or
2. Any non-full-size baby crib as that
term is defined in 16 C.F.R.
1509.2(b).
(Added to NRS by 2009,
2442 )
NRS 597.7124
Infant
defined.
Infant
means a child who is under 3 years of age.
(Added to NRS by 2009,
2442 )
NRS 597.7125 Sale of unsafe crib prohibited; standards for crib safety.
1. A person, including, without
limitation, a commercial user, shall not remanufacture, retrofit, sell,
contract to sell or resell, lease, sublet or otherwise place in the stream of
commerce a crib that is unsafe for use by an infant.
2. A crib is presumed to be unsafe if it
does not conform to the standards set forth in:
(a) 16 C.F.R. Part 1303;
(b) 16 C.F.R. Part 1508;
(c) 16 C.F.R. Part 1509; and
(d) The American Society for Testing and
Materials voluntary standards F966-90, F1169.88 and F406.
3. Cribs that are presumed to be unsafe
pursuant to subsection 2 also include, without limitation, cribs with one or
more of the following features or characteristics:
(a) Corner posts that extend more than 1/16 of an
inch;
(b) Spaces between side slats more than 2 3/8
inches;
(c) Mattress supports that can be easily
dislodged from any point of the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to
the following:
(1) The height of the rail and end panel
as measured from the top of the rail or panel in its lowest position to the top
of the mattress support in its highest position is at least 9 inches; or
(2) The height of the rail and end panel
as measured from the top of the rail or panel in its highest position to the
top of the mattress support in its lowest position is at least 26 inches;
(f) Any screw, bolt or hardware that is loose or
not secured;
(g) Sharp edges, points, rough surfaces or any
wood surfaces that are not smooth and free from splinters, splits or cracks; or
(h) Tears in mesh or fabric sides.
4. For the purposes of paragraph (c) of subsection
3, a mattress support is deemed to be easily dislodged if it cannot withstand a
25-pound upward force from beneath the crib.
(Added to NRS by 2009,
2442 )
NRS 597.7126 Penalty.
1. A commercial user who willfully and
knowingly sells, leases or otherwise places in the stream of commerce an unsafe
crib as described in NRS 597.7125
commits an offense punishable by a fine not to exceed $1,000.
2. A person other than a commercial user
who willfully and knowingly sells, leases or otherwise places in the stream of
commerce an unsafe crib as described in NRS
597.7125 commits an offense punishable by a fine not to exceed $200.
(Added to NRS by 2009,
2443 )
NRS 597.7127 Exception for antique or vintage crib.
1. The provisions of NRS 597.712 to 597.7126 , inclusive, do not apply to any
antique or vintage crib if the antique or vintage crib is:
(a) Not intended for use by an infant; and
(b) At the time of remanufacturing, retrofitting,
selling, leasing, subletting or otherwise placing in the stream of commerce, is
accompanied with a written notice provided by the commercial user stating that
the crib is not intended for use by an infant and that the crib is dangerous
for use by an infant.
2. A commercial user who complies with the
notice requirement in subsection 1 shall not be held liable for any death or
injury as a result of the use of an antique or vintage crib in a manner
inconsistent with the warning provided in the written notice.
3. As used in this section,
antique or
vintage crib
means a crib that is:
(a) Fifty years or older, as measured from the
current year;
(b) Maintained as a collector
s item; and
(c) Not intended for use by an infant.
(Added to NRS by 2009,
2443 )
NRS 597.7128 Civil remedies. In
addition to any other remedy provided by law, any person may maintain an action
against a commercial user who violates the provisions of NRS 597.7125 , seek to enjoin the
remanufacture, retrofitting, sale, contract to sell or resell, lease or
subletting of a crib that is unsafe for an infant and seek reasonable attorney
s
fees and costs.
(Added to NRS by 2009,
2443 )
PRODUCTS CONTAINING FLAME-RETARDANT ORGANOHALOGENATED
CHEMICALS
NRS 597.7131 Definitions. As
used in NRS 597.7131 to 597.7141 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7132 to 597.7138 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 2021,
481 )
NRS 597.7132
Business textile
defined.
Business
textile
means a textile designed for use in a business or commercial setting
as a covering on windows or walls.
(Added to NRS by 2021,
481 )
NRS 597.7133
Child
defined.
Child
means a person under 12 years of age.
(Added to NRS by 2021,
481 )
NRS 597.7134
Children
s product
defined.
1.
Children
s product
means a product
primarily designed or intended by a manufacturer to be used by or for a child,
including, without limitation, any article used as a component of such a
product.
2. The term does not include:
(a) Any food, beverage, dietary supplement,
pharmaceutical product or biologic;
(b) A children
s toy that meets the requirements
of the most recent version of the ASTM International Standard F963,
Standard
Consumer Safety Specification for Toy Safety
;
(c) A device, as defined in the Federal Food,
Drug and Cosmetic Act, 21 U.S.C.
321(h);
(d) Consumer electronics products and electronic
components, including, without limitation, personal computers, audio and video
equipment, calculators, digital displays, wireless phones, cameras, game
consoles, printers, handheld electronic and electrical devices used to access
interactive software or associated peripherals or products that comply with the
provisions of Directive 2002/95/EC of the European Union, adopted by the European
Parliament and Council of the European Union;
(e) Outdoor sports equipment, including, without
limitation, snowmobiles, all-terrain vehicles, personal watercraft, watercraft
and off-highway vehicles, and all attachments and repair parts of such equipment;
or
(f) A tent or sleeping bag.
(Added to NRS by 2021,
481 )
NRS 597.7135
Mattress
defined.
Mattress
has the meaning ascribed to it in 16 C.F.R.
1632.1.
(Added to NRS by 2021,
482 )
NRS 597.7136
Organohalogenated chemical
defined.
Organohalogenated
chemical
means any chemical that contains one or more carbon elements and one
or more halogen elements, including, without limitation, fluorine, chlorine,
bromine or iodine.
(Added to NRS by 2021,
482 )
NRS 597.7137
Residential textile
defined.
Residential
textile
means a textile designed for residential use as a covering on windows
or walls.
(Added to NRS by 2021,
482 )
NRS 597.7138
Upholstered residential furniture
defined.
Upholstered residential furniture
means
furniture with padding, coverings and cushions intended and sold for use in a
residence.
(Added to NRS by 2021,
482 )
NRS 597.7139 Manufacture, sale, offer for sale or distribution of certain
products containing flame-retardant organohalogenated chemicals prohibited;
exceptions.
1. Except as otherwise provided in
subsection 3, a manufacturer or wholesaler shall not knowingly manufacture,
sell, offer for sale, distribute for sale or distribute for use in this State a
children
s product, upholstered residential furniture, a residential textile, a
business textile or a mattress that contains any flame-retardant
organohalogenated chemical in any product component in amounts greater than
1,000 parts per million.
2. Except as otherwise provided in
subsection 3, a retailer shall not sell or offer for sale or use in this State
a children
s product, upholstered residential furniture, a residential textile,
a business textile or a mattress that contains any flame-retardant
organohalogenated chemical in any product component in amounts greater than
1,000 parts per million.
3. The provisions of this section do not
apply to:
(a) The extent preempted by federal law;
(b) Any flame-retardant organohalogenated
chemical that:
(1) Is a polymeric substance in accordance
with the criteria set forth in 40 C.F.R.
723.250, or is chemically reacted to
form a polymer with the materials it is intended to protect; or
(2) Has a determination of safety pursuant
to 15 U.S.C.
2604(a)(3)(C) or 15 U.S.C.
2605(b)(4);
(c) The sale or offer for sale of any previously
owned product containing a flame-retardant organohalogenated chemical;
(d) An electronic component of a children
s
product, a mattress, upholstered residential furniture or a residential textile
or any associated casing;
(e) A children
s product, a mattress, upholstered
residential furniture or a residential textile for which there is a federal or
national flammability standard;
(f) Thread or fiber for stitching mattress
components together; or
(g) Components of an adult mattress other than
foam.
(Added to NRS by 2021,
482 )
NRS 597.714 Manufacturer prohibited from replacing flame-retardant
organohalogenated chemical with certain other chemicals. A manufacturer shall not replace a
flame-retardant organohalogenated chemical, the use of which is prohibited
pursuant to NRS 597.7139 , with a
chemical that has been identified by a state or federal agency on the basis of
credible scientific evidence as being known or suspected to have a high degree
of probability to:
1. Harm the normal development of a fetus
or child or cause other developmental toxicity;
2. Cause cancer, genetic damage or
reproductive harm;
3. Disrupt the endocrine system; or
4. Damage the nervous system, immune
system or organs or cause other systemic toxicity.
(Added to NRS by 2021,
483 )
NRS 597.7141 Civil penalty for violation. A
person who willfully and knowingly violates the provisions of NRS 597.7139 or 597.714 is subject to a civil penalty not
to exceed $1,000.
(Added to NRS by 2021,
483 )
FOIL BALLOONS
NRS 597.717 Legislative findings and declarations. The
Legislature hereby finds and declares that:
1. Electric utilities in this State are
responsible for delivering safe, reliable energy through large transmission and
distribution networks. Equipment failure or damage from weather, animals and
human activity can cause power outages.
2. Electric utilities report that foil
balloons are among the top causes of outages. Foil balloons are coated with a
shiny metallic film that conducts electricity. If a foil balloon contacts power
lines, this can create an electrical fault that can damage power lines, cause
blackouts and start fires.
3. Because of the risk of power outages
and fires caused by foil balloons coming into contact with power lines, other
states and jurisdictions have considered bans on foil balloons.
4. Modern technology has advanced to allow
for the manufacturing of foil balloons that resist conducting electricity. The
Institute of Electrical and Electronics Engineers is developing standards for
such balloons.
5. Requiring foil balloons to be tested
and to meet performance standards concerning their dielectric performance will
minimize the risks of power outages and fires.
(Added to NRS by 2023,
2967 )
NRS 597.7171 Definitions. As
used in NRS 597.717 to 597.7179 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7172 to 597.7175 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 2023,
2968 )
NRS 597.7172
Commencement date
defined.
Commencement
date
means the date on which the regulation adopted by the Commission
establishing the P2845 Standard pursuant to NRS
597.7178 becomes effective, or on June 20, 2027, whichever is later.
(Added to NRS by 2023,
2968 )
NRS 597.7173
Commission
defined.
Commission
means the Public Utilities Commission of Nevada.
(Added to NRS by 2023,
2968 )
NRS 597.7174
Foil balloon
defined.
1.
Foil balloon
means a balloon that is
constructed of electrically conductive material.
2. The term does not include a hot air
balloon or a balloon used in a governmental or scientific research project.
(Added to NRS by 2023,
2968 )
NRS 597.7175
P2845 Standard
defined.
P2845
Standard
means the
Standard for Testing and Evaluating the Dielectric
Performance of Celebratory Balloons in Contact with Overhead Power Distribution
Lines Rated up to 38 kV System Voltage,
IEEE P2845, of the Institute of
Electrical and Electronics Engineers.
(Added to NRS by 2023,
2968 )
NRS 597.7176 Required mark; prohibited acts by seller or distributor.
1. A person who manufactures a foil
balloon in this State shall include on the foil balloon a suitable, permanent
mark that:
(a) Identifies the manufacturer of the foil
balloon.
(b) If the foil balloon meets the requirements of
NRS 597.7177 , indicates that the foil
balloon meets those requirements. If the Commission has adopted the P2845
Standard pursuant to NRS 597.7178 , any
marking specified in the P2845 Standard shall be deemed to be a suitable mark
for the purposes of this subsection.
2. A person shall not sell, offer for sale
or distribute a foil balloon that is filled with a gas that is lighter than air
in this State after the commencement date unless:
(a) An object of sufficient weight is affixed to
the foil balloon or its appurtenance to counter the lift capability of the foil
balloon; and
(b) No electrically conductive string, tether or
streamer or any other electrically conductive object is attached to the foil
balloon.
(Added to NRS by 2023,
2968 )
NRS 597.7177 Sale or manufacture of foil balloon prohibited unless balloon tested
and meets performance standards; tolling.
1. Except as otherwise provided in this
section, a person shall not sell, offer to sell or manufacture a foil balloon
in this State after the commencement date unless the foil balloon meets the
requirements set forth in this section.
2. Except as otherwise provided in this
section, any foil balloon sold, offered for sale or manufactured in this State
after the commencement date must be tested in accordance with, and meet the
performance standards set forth in, a standard for the testing and evaluation
of the dielectric performance of foil balloons adopted by the Commission
pursuant to NRS 597.7178 .
3. Except as otherwise provided in subsections
4 and 5, a person who sells, offers for sale or manufactures foil balloons in
this State after the commencement date shall ensure that:
(a) Not less than 25 percent of the foil balloons
sold, offered for sale or manufactured by the person comply with the provisions
of this section on or before June 30, 2027.
(b) Not less than 55 percent of the foil balloons
sold, offered for sale or manufactured by the person comply with the provisions
of this section on or before June 30, 2028.
(c) Not less than 80 percent of the foil balloons
sold, offered for sale or manufactured by the person comply with the provisions
of this section on or before June 30, 2029.
(d) One hundred percent of the foil balloons
sold, offered for sale or manufactured by the person comply with the provisions
of this section on or before June 30, 2030.
4. A period described in subsection 3 must
be tolled during any period in which a serious development, manufacturing,
production or supply chain issue or event in the nature of force majeure occurs
if the issue or event:
(a) Makes it infeasible to develop, manufacture,
produce or sell foil balloons in compliance with the requirements of this
section; and
(b) Is outside of the control of the person who
sells, offers to sell or manufactures a foil balloon in this State.
5. If a period of tolling is required
pursuant to subsection 4, the period must be:
(a) Twenty-four months; or
(b) Until the serious development, manufacturing,
production or supply chain issue or event in the nature of force majeure is
resolved,
whichever
occurs later.
6. As used in this section,
infeasible
means incapable of being accomplished in a successful manner within a
reasonable time, taking into account economic, environmental, legal, social and
technological factors.
(Added to NRS by 2023,
2968 )
NRS 597.7178 Adoption of standards for testing and evaluating dielectric
performance.
1. The Commission shall adopt, by
regulation, a standard for testing and evaluating the dielectric performance of
foil balloons. If the P2845 Standard is final and approved, the Commission
shall adopt the P2845 Standard as the standard required by this section.
2. For the purposes of subsection 1, the
P2845 Standard shall be deemed to be final and approved if the Institute for
Electrical and Electronics Engineers has:
(a) Published an interim version of the P2845
Standard;
(b) Completed a trial of the interim version of
the P2845 Standard; and
(c) After any materially substantive adjustments,
if any, to the interim version, published a final version of the P2845
Standard.
(Added to NRS by 2023,
2969 )
NRS 597.7179 Civil penalty for violation; action for recovery of penalty;
deposit of penalty collected; considerations in determining whether to impose
penalty; injunction.
1. A person who sells, offers for sale or
manufactures a foil balloon in violation of NRS
597.717 to 597.7179 , inclusive, is
subject to a civil penalty not to exceed $50 for each such foil balloon sold,
offered for sale or manufactured, except that the penalty against the person
must not exceed $2,500 for each day on which a violation occurs.
2. A civil penalty imposed pursuant to
subsection 1 must be recovered in a civil action brought by the Attorney
General or by the district attorney or city attorney for the jurisdiction in
which the violation occurred.
3. Any civil penalty collected pursuant to
this section by:
(a) The Attorney General must be paid to the
State Treasurer for credit to the State General Fund.
(b) A district attorney or city attorney must be
deposited in the county or city treasury, as applicable.
4. In determining whether to impose a
civil penalty pursuant to subsection 1, the court shall consider:
(a) The nature, extent and severity of the
violation;
(b) If multiple violations occurred, the number
of violations;
(c) The economic effect of the civil penalty on
the person;
(d) The annual revenue of the person in both
sales of foil balloons and total sales;
(e) Whether the person took good faith measures
to comply with the requirements of NRS
597.717 to 597.7179 , inclusive, and
when such measures were taken;
(f) The deterrent effect that the imposition of
the penalty would have on both the person and the regulated community as a whole;
(g) The willfulness of the person responsible for
the violation; and
(h) Any other factors that justice may require.
5. The Attorney General or the district
attorney or city attorney of a county or city, as applicable, in which a person
sells, offers for sale or manufactures a foil balloon in violation of NRS 597.717 to 597.7179 , inclusive, may bring an action
to enjoin the violation.
(Added to NRS by 2023,
2969 )
WORKS OF ART
NRS 597.720 Definitions. As
used in NRS 597.720 to 597.760 , inclusive, unless the context
otherwise requires:
1.
Artist
means a person who creates a
work of art.
2.
Reproduction
means a copy, in any
medium, of a work of art, that is represented as the work of art as created by
the artist.
3.
Work of art
means any original
creation of visual or graphic art in any medium including painting, drawing,
photographic print or sculpture of a limited edition of not more than 300
copies. The term does not include:
(a) Sequential imagery such as that in motion
pictures.
(b) Work prepared under contract for commercial
use by the purchaser.
(c) Work prepared by the employee of a publisher
during the course of his or her employment.
(d) Work submitted for publication at no charge.
(Added to NRS by 1989,
192 )
NRS 597.730 Right to claim or disclaim authorship. An
artist may:
1. Claim authorship of his or her work of
art. The right to claim authorship includes the right of the artist to have his
or her name appear on or with his or her work of art.
2. Disclaim authorship of his or her work
of art if necessary to protect his or her reputation from damage. It is
presumed necessary for an artist to protect his or her reputation from damage
if his or her work of art is displayed, published or reproduced in this state,
without his or her consent, in a defaced, mutilated or altered form and damage
to his or her reputation is reasonably foreseeable.
(Added to NRS by 1989,
193 )
NRS 597.740 Restrictions on publication and public display; civil remedy;
defacement, mutilation or alteration of work.
1. Except as otherwise provided in
subsection 3, if damage to the reputation of an artist is reasonably
foreseeable, a person shall not, without the consent of that artist, publish or
display in public, in this state, the artist
s work of art or a reproduction of
the artist
s work of art, in a defaced, mutilated or altered form and represent
it as the work of the artist.
2. An artist who is injured by a violation
of subsection 1 may bring an action for damages, together with reasonable
attorney
s fees and the costs of the action as are authorized under NRS 18.110 .
3. Defacement, mutilation or alteration of
a work of art which is caused by the passage of time or the inherent nature of
the materials used in the creation of the work of art does not give an artist
the right to disclaim authorship pursuant to NRS
597.730 or a cause of action under subsection 2, unless the defacement,
mutilation or alteration of the work of art is the result of negligent
conservation. For the purposes of this subsection,
conservation
means those
acts taken to preserve and protect a work of art or to slow its deterioration.
4. A change in a work of art that is an
ordinary result of a medium of reproduction does not constitute defacement,
mutilation or alteration.
(Added to NRS by 1989,
193 )
NRS 597.750 Waiver of rights. An
artist may waive, in writing, his or her rights under NRS 597.720 to 597.760 , inclusive.
(Added to NRS by 1989,
193 )
NRS 597.760 Transfer of ownership or right of reproduction.
1. When ownership of a work of art is
transferred from the artist who created it or his or her heirs, the right of
reproduction remains with the artist or his or her heirs until it passes into
the public domain by act or operation of law or is expressly transferred in
writing.
2. When an exclusive or nonexclusive right
of reproduction is transferred by the owner of such right, it must be presumed
that ownership of the physical work of art remains with the owner of the work
of art unless it is expressly transferred in writing with the right of
reproduction.
3. For the purposes of this section
right
of reproduction
means the right to reproduce, display and distribute copies of
a work of art. The term includes the right to prepare variations of the
original work of art.
(Added to NRS by 1989,
193 )
TANNING ESTABLISHMENTS
NRS 597.761 Definitions. As
used in NRS 597.761 to 597.7622 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7612 to 597.7616 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 2013,
2250 )
NRS 597.7612
Operator
defined.
Operator
means a person who is designated by the owner of a tanning establishment or by
the lessee of the tanning equipment of the tanning establishment to operate or
to assist and instruct in the operation and use of the tanning establishment or
tanning equipment.
(Added to NRS by 2013,
2251 )
NRS 597.7613
Owner
defined.
Owner
means the owner of a tanning establishment.
(Added to NRS by 2013,
2251 )
NRS 597.7614
Phototherapy device
defined.
Phototherapy
device
means any equipment that emits ultraviolet radiation and is used in the
diagnosis or treatment of disease or injury.
(Added to NRS by 2013,
2251 )
NRS 597.7615
Tanning equipment
defined.
Tanning
equipment
means any device that emits ultraviolet radiation to tan human skin,
including, without limitation, sunlamps, tanning booths and tanning beds.
(Added to NRS by 2013,
2251 )
NRS 597.7616
Tanning establishment
defined.
Tanning
establishment
means any premises, mobile unit, building or part of a building
where access to tanning equipment is provided for a fee, membership dues or any
other compensation.
(Added to NRS by 2013,
2251 )
NRS 597.7617 Owner or operator: Prohibited acts. An
owner or operator shall not allow a person who is less than 18 years of age to
use the tanning equipment of a tanning establishment.
(Added to NRS by 2013,
2251 )
NRS 597.7618 Owner or operator: Duty to post notice in tanning establishment. An owner or operator shall post in a
conspicuous place in the tanning establishment a notice that states
substantially the following:
1. It is unlawful for the owner or
operator of a tanning establishment to allow a person who is less than 18 years
of age to use any tanning equipment.
2. An owner or operator of a tanning
establishment who violates any provision of NRS
597.761 to 597.7622 , inclusive, may
be subject to civil action.
3. Any person may report a violation of NRS 597.761 to 597.7622 , inclusive, to any law
enforcement agency.
4. Health risks associated with tanning
include, without limitation, skin cancer, premature aging of the skin and burns
to the skin.
(Added to NRS by 2013,
2251 )
NRS 597.7619 Owner or operator: Duty to post warning sign in tanning
establishment; civil penalty for violation.
1. An owner or operator shall post in a
conspicuous place in each area where tanning equipment is used a warning sign
that states substantially the following:
(a) Follow instructions.
(b) Avoid too frequent or too lengthy exposure.
Like exposure to the sun, use of tanning equipment can cause eye and skin
injury and allergic reactions. Repeated exposure can cause chronic sun damage,
which is characterized by wrinkling, dryness, fragility and bruising of the
skin and skin cancer.
(c) Wear protective eyewear. Failure to do so may
result in severe burns or long-term injury to the eyes.
(d) Medications and cosmetics may increase your
sensitivity to ultraviolet radiation. Consult a physician before using tanning
equipment if you are using medications, have a history of skin problems or
believe that you are especially sensitive to sunlight.
(e) If your skin does not tan when exposed to the
sun, it is unlikely that your skin will tan when exposed to this tanning
equipment.
2. An owner or operator who fails to post
a warning sign in accordance with subsection 1 shall:
(a) For the first violation, pay a civil penalty
of $250.
(b) For the second violation, pay a civil penalty
of $500.
(c) For the third or subsequent violation, pay a
civil penalty of $1,000.
(Added to NRS by 2013,
2251 )
NRS 597.762 Owner or operator: Additional duties. An
owner or operator shall ensure that:
1. A person who is qualified to operate
the tanning equipment and who is able to inform users about, and assist such
users in, the proper use of tanning equipment is present at the tanning
establishment during operating hours.
2. Tanning equipment is properly sanitized
after each use.
3. Each user, before he or she begins to
use tanning equipment, is provided with properly sanitized and securely fitting
protective eyewear that protects the wearer
s eyes from ultraviolet radiation
and allows enough vision to maintain balance.
4. Users wear the protective eyewear
described in subsection 3 when using tanning equipment.
5. Each user is shown how to maintain the
proper exposure distance from the tanning equipment as recommended by the
manufacturer.
6. A timing device which is accurate
within 10 percent of any selected time interval is used and is remotely located
so a user cannot set his or her own exposure time when using tanning equipment.
7. Tanning equipment is equipped with a
mechanism that allows the user to turn off the tanning equipment.
8. Each user is limited to the maximum
exposure time recommended by the manufacturer for his or her skin type.
9. A user is not allowed to use the
tanning equipment more than once in any 24-hour period.
10. The interior temperature of the
tanning equipment does not exceed 100 degrees Fahrenheit.
11. Acknowledgments signed by each user
indicating that he or she understands the notices and warnings prescribed by NRS 597.7618 and 597.7619 , and that he or she agrees to use
protective eyewear, are retained for at least 1 year or until the user signs a
new acknowledgment.
(Added to NRS by 2013,
2252 )
NRS 597.7621 Action by parent or guardian of minor against owner or operator
for certain violations.
1. A parent or guardian of a person who is
less than 18 years of age may bring an action against an owner or operator if
the owner or operator violates NRS 597.7617 .
2. In any action brought pursuant to this
section, if a parent or guardian of a person who is less than 18 years of age
establishes that the owner or operator violated NRS 597.7617 , a court shall award the
parent or guardian, in addition to costs and reasonable attorney
s fees:
(a) For the first occurrence, $500.
(b) For the second occurrence, $1,000.
(c) For the third or subsequent occurrence,
$1,500.
3. Each instance in which an owner or
operator allows a person who is less than 18 years of age to use the tanning
equipment of the tanning establishment in violation of NRS 597.7617 constitutes a separate
occurrence.
(Added to NRS by 2013,
2252 )
NRS 597.7622 Exceptions. The
provisions of NRS 597.761 to 597.7622 , inclusive, do not apply to any
physician licensed to practice medicine in this State who uses, or prescribes
the use of, a phototherapy device, or to any person who is prescribed the use
of a phototherapy device by a physician licensed to practice medicine in this
State.
(Added to NRS by 2013,
2252 )
FOOD DELIVERY SERVICE PLATFORMS
NRS 597.7625 Definitions. As
used in NRS 597.7625 to 597.7642 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7626 to 597.7634 , inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 2021,
1697 )
NRS 597.7626
Commission
defined.
1.
Commission
means any fee or other
payment of money that is charged by a food delivery service platform provider
to a food dispensing establishment for the use of the services of the food
delivery service platform provider in effectuating online food orders.
2. The term includes, without limitation,
any annual fee charged to a food dispensing establishment for the use of the
services described in subsection 1.
3. The term does include any fee that is
charged by a food delivery service platform provider for services provided as a
general or indirect cost of doing business, including, without limitation, fees
for the processing of credit cards or for advertising in a restaurant
directory.
(Added to NRS by 2021,
1697 )
NRS 597.7627
Food delivery service platform
defined.
1.
Food delivery service platform
means
an Internet website, online service or mobile application which allows users to
purchase food from multiple food dispensing establishments and arrange for the
same-day delivery or same-day pickup of such food.
2. The term does not include an Internet
website, online service or mobile application which does not:
(a) Post the menu of, the amounts charged by or
the likeness, registered trademark or intellectual property of a food
dispensing establishment; and
(b) Charge a commission or other payment of money
to a food dispensing establishment in effectuating online food orders.
(Added to NRS by 2021,
1697 )
NRS 597.7628
Food delivery service platform provider
defined.
Food delivery service platform provider
means a person who operates a food delivery service platform.
(Added to NRS by 2021,
1698 )
NRS 597.7629
Food dispensing establishment
defined. [Effective through June
30, 2027.]
1.
Food dispensing establishment
means a
food establishment that prepares and serves food intended for immediate
consumption. The term includes, without limitation, a restaurant. The term does
not include a convenience store or a grocery store.
2. As used in this section:
(a)
Convenience store
has the meaning ascribed
to it in NRS 597.225 .
(b)
Food establishment
has the meaning ascribed
to it in NRS 580.050 .
(c)
Grocery store
has the meaning ascribed to
it in NRS 597.225 .
(Added to NRS by 2021,
1698 ; A 2025,
3546 )
NRS 597.7629
Food dispensing
establishment
defined. [Effective July 1, 2027.]
1.
Food dispensing establishment
means a
food establishment or a cottage food operation that prepares and serves food
intended for immediate consumption. The term includes, without limitation, a
restaurant. The term does not include a convenience store or a grocery store.
2. As used in this section:
(a)
Convenience store
has the meaning ascribed to
it in NRS 597.225 .
(b)
Cottage food operation
has the meaning
ascribed to it in NRS 585.710 .
(c)
Food establishment
has the meaning ascribed
to it in NRS 580.050 .
(d)
Grocery store
has the meaning ascribed to
it in NRS 597.225 .
(Added to NRS by 2021,
1698 ; A 2025,
2690 , 3546 ,
effective July 1, 2027)
NRS 597.763
Food purchase price
defined.
Food
purchase price
means the portion of the total online food order price that is
attributable to the amount charged by the food dispensing establishment for the
food.
(Added to NRS by 2021,
1698 )
NRS 597.7631
Likeness
defined.
Likeness
means any identifiable symbol attributed and easily identified as belonging to
a specific food dispensing establishment.
(Added to NRS by 2021,
1698 )
NRS 597.7632
Online food order
defined.
Online
food order
means a transaction in which a user, through a food delivery
service platform, purchases food from a food dispensing establishment and
arranges for the same-day delivery or same-day pickup of such food.
(Added to NRS by 2021,
1698 )
NRS 597.7633
Total online food order price
defined.
Total online food order price
means the
total amount paid or to be paid by a user as a result of an online food order.
(Added to NRS by 2021,
1698 )
NRS 597.7634
User
defined.
User
means a person who uses a food delivery service platform to engage in an online
food order.
(Added to NRS by 2021,
1698 )
NRS 597.7635 Facilitation of online food order without written agreement with
food dispensing establishment prohibited; acceptance of online food order
without required business license prohibited; food delivery service platform
provider required to remove food dispensing establishment from platform under
certain circumstances; civil penalties.
1. A food delivery service platform
provider shall not facilitate an online food order involving a food dispensing
establishment, including, without limitation, arranging for the same-day delivery
or same-day pickup of food prepared by a food dispensing establishment, unless:
(a) The food dispensing establishment has
obtained any business license required by the local government in which the
food dispensing establishment is located which authorizes the food dispensing
establishment to conduct business at the address at which the food dispensing
establishment prepares the online food order; and
(b) The food delivery service platform provider
has entered into a written agreement with the food dispensing establishment
that expressly authorizes the food delivery service platform provider to engage
in such activities.
2. A food dispensing establishment shall
not accept an online food order facilitated by a food delivery service platform
provider unless the food dispensing establishment has obtained any business
license required by the local government in which the food dispensing
establishment is located which authorizes the food dispensing establishment to
conduct business at the address at which the food dispensing establishment
prepares the online food order. A food dispensing establishment who violates
this subsection or provides to the food delivery service platform provider
false or misleading information regarding the business license of the food
dispensing establishment is subject to a civil penalty not to exceed $100 for
each online food order which the food dispensing establishment fills in
violation of this subsection.
3. A food delivery service platform
provider who receives specific, verifiable information that a food dispensing
establishment has violated subsection 2 or has provided to the food delivery
service platform provider false or misleading information regarding the
business license of the food dispensing establishment shall, not later than 10
days after receiving that information, remove the food dispensing establishment
from the food delivery service platform of the food delivery service platform
provider. A food delivery service platform provider who violates the provisions
of this subsection is subject to a civil penalty not to exceed $500 for each
day that the food dispensing establishment remains on the food delivery service
platform of the food delivery service platform provider after the 10th day
after the food delivery service platform provider receives the information
described in this subsection.
(Added to NRS by 2021,
1698 ; A 2025,
119 )
NRS 597.7636 Request of food dispensing establishment for removal from food
delivery service platform; duty of food delivery service platform provider that
receives request; civil penalties.
1. A food dispensing establishment may, at
any time, submit a written request to a food delivery service platform provider
directing the provider to remove the food dispensing establishment from the
food delivery service platform. If the food delivery service platform provider
has appointed a registered agent located in this State, the request must be
submitted to the registered agent.
2. A food delivery service platform provider
that receives a request submitted pursuant to subsection 1 shall confirm
receipt of the request and remove the food dispensing establishment from the
food delivery service platform within 48 hours after receipt of the request.
3. A food delivery service platform
provider who violates the provisions of subsection 2 is subject to a civil
penalty of $500 per day of the violation, and each day
s continuance of the
violation constitutes a separate and distinct violation.
(Added to NRS by 2021,
1698 )
NRS 597.7637 Use of likeness, registered trademark or intellectual property
of food dispensing establishment without written consent prohibited; civil
penalties.
1. A food delivery service platform
provider shall not use the likeness, registered trademark or intellectual
property of a food dispensing establishment unless the food delivery service
platform provider first obtains the written consent of the food dispensing
establishment.
2. A food delivery service platform
provider who violates the provisions of subsection 1 is subject to a civil
penalty of $500 per day of the violation, and each day
s continuance of the violation
constitutes a separate and distinct violation.
(Added to NRS by 2021,
1699 )
NRS 597.7638 Action for damages for unlawful use of likeness, registered
trademark or intellectual property of food dispensing establishment.
1. A food dispensing establishment whose
likeness, registered trademark or intellectual property was used by a food
delivery service platform provider in violation of NRS 597.7637 may bring an action against
the food delivery service platform provider in any court of competent
jurisdiction and may recover the sum of $5,000 or the amount of actual damages
sustained, whichever is greater.
2. If the food dispensing establishment
prevails in the action, the court may award such punitive damages and equitable
relief as the court determines to be proper.
(Added to NRS by 2021,
1699 )
NRS 597.7639 Duty of food delivery service platform provider to disclose to
user certain information associated with online food order; manner of
disclosure.
1. Before an online food order is
consummated with a user, the food delivery service platform provider must
disclose to the user the following information in plain language and in a
conspicuous manner:
(a) The total online food order price;
(b) Each portion of the total online food order
price that is attributable to:
(1) The food purchase price;
(2) Any sales tax or other tax;
(3) Any delivery fee or service fee
charged to the user by the food delivery service platform provider or food
dispensing establishment; and
(4) Any gratuity to be paid to the person
who delivers the food; and
(c) A statement that indicates that a commission
is to be paid by the food dispensing establishment in connection with the online
food order.
2. If, after the consummation of an online
food order, the user is provided with a receipt for the online food order, the
information required to be disclosed pursuant to paragraphs (a) and (b) of
subsection 1 must be set forth on the receipt in plain language and in a
conspicuous manner.
(Added to NRS by 2021,
1699 )
NRS 597.764 Food delivery service platform provider may request to disclose
required information in alternative manner; submission of request to
Commissioner of Consumer Affairs. If
a food delivery service platform provider determines that it is not feasible to
disclose the information required by NRS
597.7639 in the manner provided in that section, the provider may submit a
request to the Commissioner of Consumer Affairs to disclose the information in
an alternative manner. Such a request must include, without limitation, a
proposal for an alternative manner in which to disclose the information
required by NRS 597.7639 and any other
information the Commissioner deems necessary. If the Commissioner approves the
request, the food delivery service platform provider may disclose the
information required by NRS 597.7639 in
the manner set forth in the approved request.
(Added to NRS by 2021,
1699 )
NRS 597.7641 Limitation on commission for online food order during certain
periods in which declaration of emergency is in effect; provisions do not
supersede or preempt certain ordinances.
1. During any period in which a
declaration of emergency is in effect in a county in this State and social
distancing requirements and occupancy limitations on the capacity of food
dispensing establishments apply to that county, a food delivery service
platform provider shall not charge a food dispensing establishment in that
county a commission for an online food order that exceeds 15 percent of the
food purchase price of the online food order, plus a credit card processing
fee, if any. A food dispensing establishment in such a county may agree in
writing to pay a food delivery service platform provider a commission that
exceeds the limit established in this subsection to obtain optional products or
services, including, without limitation, advertising, marketing or access to
customer subscription programs.
2. A food delivery service platform
provider shall not reduce the compensation rates paid to any person who
delivers food for the provider or garnish the gratuities of such a person as a
result of this section.
3. The provisions of this section do not
supersede or preempt an ordinance enacted by a governing body of a county in this
State that places limits on the maximum commission that a food delivery service
platform provider may charge a food dispensing establishment if such an
ordinance was in effect on or before April 30, 2021.
4. As used in this section,
governing
body
means the board of county commissioners or, in the case of Carson City,
the Board of Supervisors.
(Added to NRS by 2021,
1700 )
NRS 597.7642 Knowing violation deemed deceptive trade practice. A person who knowingly violates NRS 597.7639 , 597.764 or 597.7641 is deemed to have committed a
deceptive trade practice for the purposes of NRS
598.0903 to 598.0999 , inclusive.
(Added to NRS by 2021,
1700 )
LIABILITY OF DELIVERY NETWORK COMPANIES
NRS 597.767 Definitions. As
used in NRS 597.767 to 597.7678 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS
597.7671 to 597.7677 , inclusive,
have the meanings ascribed to them in those sections.
(Added to NRS by 2025,
12 )
NRS 597.7671
Customer
defined.
Customer
means a person who orders the delivery of goods where the driver delivers such
goods at the direction of the customer.
(Added to NRS by 2025,
12 )
NRS 597.7672
Delivery network company
defined.
Delivery
network company
means a corporation, partnership, sole proprietorship or other
entity that:
1. Operates in this State; and
2. Uses a digital network to connect a
customer to a driver to provide delivery services.
(Added to NRS by 2025,
12 )
NRS 597.7673
Delivery service period
defined.
Delivery
service period
means the period:
1. Beginning when a driver starts
operating a personal vehicle enroute to pick up goods for a delivery or series
of deliveries as documented via a digital network controlled by a delivery
network company;
2. Continuing while the driver transports
the requested deliveries; and
3. Ending upon delivery of the requested
goods to:
(a) The customer or the last customer in a series
of deliveries;
(b) A location designated by the customer or the
last location so designated in a series of deliveries; or
(c) A location designated by the delivery network
company, including, for purposes of returning the goods.
(Added to NRS by 2025,
12 )
NRS 597.7674
Delivery services
defined.
Delivery
services
means the fulfillment of customer delivery requests through the pick
up from any location of any item or items and the delivery of items using a
personal vehicle to a location selected by the customer located within 50 miles
of the pick-up location.
(Added to NRS by 2025,
12 )
NRS 597.7675
Digital network
defined.
Digital
network
means any online-enabled technology application, service, website or
system offered or utilized by a delivery network company that enables the
provision of delivery services.
(Added to NRS by 2025,
12 )
NRS 597.7676
Driver
defined.
Driver
means a natural person who provides delivery services through a delivery
network company
s digital network pursuant to an independent contractor
agreement.
(Added to NRS by 2025,
12 )
NRS 597.7677
Personal vehicle
defined.
Personal
vehicle
means a vehicle, including, without limitation, a motor vehicle,
bicycle, scooter or other similar means of transportation, that:
1. Is used by a driver to provide delivery
services through a digital network;
2. Is owned, leased or otherwise
authorized for use by the driver; and
3. Does not exceed 6,000 pounds.
(Added to NRS by 2025,
12 )
NRS 597.7678 Liability of delivery network company.
1. A delivery network company is not
vicariously liable for any act or omission of a driver that harms a person or
property under any theory of liability or duty of care.
2. A delivery network company shall be
deemed to not control, direct or manage a driver or the personal vehicle of a
driver.
3. For any driver who uses a personal
vehicle which is a motor vehicle, as defined in NRS 482.075 , the provisions of this section
apply to a delivery network company if the delivery network company maintained
a motor vehicle insurance policy, in force on the date of the incident giving
rise to an action, in an amount of not less than $1,000,000, that insured the
driver for liability to third parties arising out of the use of a motor vehicle
during the delivery service period.
4. This section does not alter or preclude
any other theory of liability against a delivery network company or duty of
care owed by a delivery network company to the extent available and proven
under law.
(Added to NRS by 2025,
12 )
INFLATABLE DEVICES
NRS 597.768 Definitions. As
used in NRS 597.768 to 597.7691 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.7681 , 597.7682 and 597.7683 have the meanings ascribed to
them in those sections.
(Added to NRS by 2025,
1449 )
NRS 597.7681
Inflatable device
defined.
Inflatable
device
means an air-filled device that:
1. Incorporates a structural and
mechanical system and employs a high-strength fabric or film that achieves its
strength, shape and stability by tensioning from internal air pressure;
2. Is intended for use by a person to
bounce, play, slide, climb or otherwise interact for outdoor recreation; and
3. Includes, without limitation, a
constant air inflatable bounce house, inflatable slide or water slide, obstacle
course, pool or enclosed inflatable trampoline.
(Added to NRS by 2025,
1449 )
NRS 597.7682
Operator
defined.
Operator
means a person on-site at the location where an inflatable device is used who
sets up, operates, maintains or supervises the use of the inflatable device on
behalf of an operator business.
(Added to NRS by 2025,
1449 )
NRS 597.7683
Operator business
defined.
Operator
business
means a business entity, including, without limitation, a sole proprietorship,
that:
1. Is engaged in the business of making
inflatable devices available for use in this State; and
2. Employs, controls, directs or hires as
an independent contractor an operator to act on behalf of the business entity.
(Added to NRS by 2025,
1449 )
NRS 597.7684 Requirements to engage in business of operator business. A person shall not engage in the business of
an operator business unless the person:
1. Holds all applicable state and local
business licenses; and
2. Has obtained a liability insurance
policy, or a certificate of insurance thereof, or a bond of a surety company or
other surety in an amount not less than $1,000,000.
(Added to NRS by 2025,
1449 )
NRS 597.7685 Requirement to keep logbook and record certain information
therein.
1. An operator business shall keep a
logbook for any inflatable device which is made available for use by the
operator business. The logbook may be written or electronic, but must be
available in a form that is kept with the inflatable device at all times and
must be available for inspection at the request of any customer of the
business, user of the inflatable device or any state or local agency.
2. An operator shall record and retain for
not less than 2 years the results of each inspection conducted pursuant to NRS 597.7686 in the logbook.
3. If an operator or operator business
temporarily or permanently discontinues the operation or use of an inflatable
device for any of the reasons described in NRS
597.7686 to 597.7689 , inclusive, or
described in any user manual provided by the manufacturer of the inflatable
device, the operator shall record that information in the logbook.
(Added to NRS by 2025,
1449 )
NRS 597.7686 Operator required to conduct inspection of inflatable device and
location to be used before allowing use of device; operator prohibited from
allowing use of device if hazard or potential hazard would make use unsafe
according to certain requirements or recommendations.
1. Before allowing any person to use an
inflatable device, the operator shall conduct an inspection of the inflatable
device and the location where the inflatable device will be used, in accordance
with:
(a) The requirements of NRS 597.7687 , 597.7688 and 597.7689 ; and
(b) The requirements or recommendations contained
in any:
(1) User manual and any update to any user
manual provided by the manufacturer of the inflatable device; and
(2) Information provided in connection
with a recall of the inflatable device.
2. The operator shall not allow any person
to use the inflatable device if the inspection reveals, or if a reasonable
inspection would have revealed, a hazard or potential hazard that would make
use of the inflatable device unsafe according to the requirements of NRS 597.7687 , 597.7688 or 597.7689 or the requirements or
recommendations described in paragraph (b) of subsection 1.
(Added to NRS by 2025,
1450 )
NRS 597.7687 Operator required to inspect labels attached to inflatable
device by manufacturer to ensure continued attachment and legibility; operator
business prohibited from selling or transferring inflatable device under
certain circumstances.
1. An operator shall inspect an inflatable
device before allowing any person to use the inflatable device to ensure all
original labels attached to the inflatable device by the manufacturer remain
attached and are legible. If any label attached by the manufacturer is missing or
illegible, use of the inflatable device must be permanently discontinued and
the inflatable device must be destroyed.
2. An operator business shall not sell or
transfer an inflatable device unless all labels attached by the manufacturer
are attached to the inflatable device and legible and the following is provided
to the purchaser or transferee:
(a) Any user manual and any update to any user
manual provided by the manufacturer of the inflatable device; and
(b) Any information provided in connection with a
recall of the inflatable device.
(Added to NRS by 2025,
1450 )
NRS 597.7688 Operator required to monitor wind speed at location of
inflatable device and prohibit use of device if wind speed exceeds certain
values.
1. An operator shall not allow any person
to use an inflatable device at a location if the wind speed at the location
exceeds the greater of:
(a) The recommendation of the manufacturer for
the specific inflatable device in use; or
(b) Fifteen miles per hour.
2. The operator shall use an anemometer to
measure the wind speed and shall record the wind speed in the logbook
maintained pursuant to NRS 597.7685
before allowing any person to use the inflatable device.
3. At all times while the inflatable
device is in use, the operator shall continue to monitor the wind speed at the
location by using an anemometer. If at any time during the use of the device
the wind speed exceeds the limits described in subsection 1, the operator shall
discontinue the use of and deflate the inflatable device. The operator shall
not allow any person to use the inflatable device unless the wind speed falls
back within the limits described in subsection 1.
(Added to NRS by 2025,
1450 )
NRS 597.7689 Operator required to ensure inflatable device is anchored to the
ground.
1. The operator shall ensure an inflatable
device is anchored to the ground before and at all times during the use of the
device.
2. To secure each point where the
inflatable device is anchored to the ground, the operator shall use:
(a) Stakes which are:
(1) Made of noncorrosive metal;
(2) Designed for use as ground anchors and
appropriate for anchoring the inflatable device under the circumstances; and
(3) Not less than 18 inches long and driven
into the ground at not less than a 22-degree angle towards the center of the
inflatable device, unless the recommendations of the manufacturer for the
specific device require stakes which are longer; or
(b) Weights which are not less than 75 pounds per
anchor point, unless the recommendations of the manufacturer for the specific
device require a heavier weight.
(Added to NRS by 2025,
1451 )
NRS 597.769 Operator required to display sign containing certain information
in front of inflatable device. An
operator shall display in a conspicuous place in front of an inflatable device
at all times during the use of the device a legible and typewritten sign which
is labeled
OPERATOR
S WARNING
in red and in not less than 72-point boldface
type. The sign must be not less than 2 feet in length and in width and must
contain the following information in a type and font that is easy to read and
in substantially the following form:
1. Use of an inflatable device can cause
injury or death.
2. A logbook of safety inspections for
this inflatable device is available for review upon the request of any customer
of the business, user of the inflatable device or any state or local agency.
3. The maximum allowable wind speed for
the safe operation of an inflatable device is the greater of:
(a) The recommendation of the manufacturer of the
inflatable device; or
(b) Fifteen miles per hour.
4. The operator is required to use and
keep available for use an anemometer to monitor wind speed before and at all
times during use of this device. If the wind speed exceeds the maximum
allowable wind speed for the safe operation of this device, the operator is
required to discontinue use of the device.
5. This inflatable device must be anchored
to the ground during use. To secure each point where the device is anchored to
the ground, the operator shall use:
(a) Stakes which are:
(1) Made of noncorrosive metal;
(2) Designed for use as ground anchors and
appropriate for anchoring the inflatable device under the circumstances; and
(3) Not less than 18 inches long and
driven into the ground at not less than a 22-degree angle towards the center of
the inflatable device, unless the recommendations of the manufacturer for this
device require stakes which are longer; or
(b) Weights which are not less than 75 pounds per
anchor point, unless the recommendations of the manufacturer for this device
require a heavier weight.
6. The maximum number of users of this
inflatable device is determined by the recommendations of the manufacturer
according to the warning labels attached to the device.
(Added to NRS by 2025,
1451 )
NRS 597.7691 Powers of governing body of county, city or town to establish
requirements and restrictions and impose penalties; use of fees collected for
issuance of business license. The
governing body of a county, city or town may:
1. Enact an ordinance which:
(a) Establishes requirements and restrictions
with respect to operators and operator businesses which are:
(1) The same as those set forth in NRS 597.768 to 597.7691 , inclusive; or
(2) In addition to those set forth in NRS 597.768 to 597.7691 , inclusive, as the governing body
determines are necessary; and
(b) Provides for the imposition of criminal or
civil penalties, or both, for any violation of an ordinance enacted pursuant to
this subsection.
2. Use any portion of the fees which are
collected for the issuance of any business license required by the county, city
or town to enforce any ordinance enacted pursuant to subsection 1.
(Added to NRS by 2025,
1452 )
RIGHT OF PUBLICITY
NRS 597.770 Definitions. As
used in NRS 597.770 to 597.810 , inclusive:
1.
Commercial use
includes the use of
the name, voice, signature, photograph or likeness of a person on or in any
product, merchandise or goods or for the purposes of advertising, selling or
soliciting the purchase of any product, merchandise, goods or service.
2.
Governmental agency
means the
Commission on Tourism of the Department of Tourism and Cultural Affairs and a
governmental entity in a county whose population is 100,000 or more that has as
a statutory purpose, power or duty the promotion of travel or tourism in this
state and that employs photographers full-time or by contract to take pictures
to promote travel and tourism, portray historical events or commemorate persons
or physical sites that are significant in the history of the state.
3.
Person
means a natural person.
(Added to NRS by 1989,
1608 ; A 1995,
1645 )
NRS 597.780 Scope. The
provisions of NRS 597.770 to 597.810 , inclusive, apply to any commercial
use within this state of a living or deceased person
s name, voice, signature,
photograph or likeness regardless of the person
s domicile.
(Added to NRS by 1989,
1610 )
NRS 597.790 Existence and term of right; written consent required for
commercial use; exceptions.
1. There is a right of publicity in the
name, voice, signature, photograph or likeness of every person. The right
endures for a term consisting of the life of the person and 50 years after his
or her death, regardless of whether the person commercially exploits the right
during his or her lifetime.
2. Any commercial use by another of the
name, voice, signature, photograph or likeness of a person requires the written
consent of that person or his or her successor in interest unless:
(a) The use is contained in material which is
commercially sponsored but the use is not directly connected with the
commercial sponsorship;
(b) The use is an attempt to portray, imitate,
simulate or impersonate a person in a live performance;
(c) The use is in connection with a news, public
affairs or sports broadcast or publication;
(d) The use is an attempt to portray, imitate,
simulate or impersonate a person in a play, book, magazine article, newspaper
article, musical composition, film, or a radio, television or other audio or
visual program, except where the use is directly connected with commercial
sponsorship;
(e) The use is in connection with an original
work of art except that multiple editions of such a work of art require
consent;
(f) The use is in connection with an
advertisement or commercial announcement for a use permitted by this
subsection; or
(g) The use is in connection with the efforts of
a governmental agency to promote travel and tourism in this state, portray
historical events or commemorate persons or physical sites that are significant
in the history of this state, except where the use is directly connected with
commercial sponsorship.
For the
purposes of this subsection, the issue of whether a use is directly connected
with commercial sponsorship is a question of fact, to be determined by the
trier of fact in an action brought pursuant to NRS 597.810 .
3. If a governmental agency intends to
have photographs taken at a public event for use pursuant to paragraph (g) of
subsection 2, the governmental agency shall, if practicable, announce or
otherwise inform the public, or request the sponsor of the event to announce or
otherwise inform the public, that photographs may be taken that can be used in
materials for the promotion of travel and tourism in this state without
permission from the person photographed.
(Added to NRS by 1989,
1608 ; A 1995,
1646 )
NRS 597.800 Transferability of right; commercial use upon death; rights of
successors in interest; registration of claim; fee.
1. The right of publicity established by NRS 597.790 is freely transferable, in
whole or in part, by contract, license, gift, conveyance, assignment, devise or
testamentary trust by a person or his or her successor in interest.
2. If a deceased person has not
transferred his or her rights as provided by subsection 1, and he or she has no
surviving beneficiary or successor in interest upon his or her death, the
commercial use of his or her name, voice, signature, photograph or likeness
does not require consent.
3. A successor in interest or a licensee
of a deceased person may file in the Office of the Secretary of State, on a
form prescribed by the Secretary of State and upon the payment of a filing fee
of $25, a verified application for registration of his or her claim. The
application must include:
(a) The legal and professional name of the
deceased person;
(b) The date of death of the deceased person;
(c) The name and address of the claimant;
(d) The basis of the claim; and
(e) A description of the rights claimed.
4. A successor in interest or a licensee
of a deceased person may not assert any right against any unauthorized
commercial use of the deceased person
s name, voice, signature, photograph or
likeness that begins before the filing of an application to register his or her
claim.
5. A person, firm or corporation seeking
to use the name, voice, signature, photograph or likeness of a deceased person
for commercial purposes must first make a reasonable effort, in good faith, to
discover the identity of any person who qualifies as a successor in interest to
the deceased person. A person claiming to be a successor in interest to a
deceased person must, within 6 months after the date he or she becomes aware or
should reasonably have become aware of an unauthorized commercial use of the
deceased person
s name, voice, signature, photograph or likeness, register a
claim with the Secretary of State pursuant to subsection 3. Failure to register
shall be deemed a waiver of any right of publicity.
6. The Secretary of State may microfilm or
reproduce by other techniques any document filed pursuant to this section and
thereafter destroy the original of the document. The microfilm or other
reproduction is admissible in any court of record. The Secretary of State may
destroy the microfilm or other reproduction 50 years after the death of the
person whose identity is the subject of the claim.
7. A claim registered pursuant to this
section is a public record.
(Added to NRS by 1989,
1609 )
NRS 597.810 Remedies for unauthorized commercial use; liability of owner or
employee of medium used for advertising.
1. Any commercial use of the name, voice,
signature, photograph or likeness of another by a person, firm or corporation
without first having obtained written consent for the use is subject to:
(a) Injunctive relief to prevent or restrain the
unauthorized use; and
(b) An action at law for any injuries sustained
by reason of the unauthorized use. In such a suit, the plaintiff may recover:
(1) Actual damages, but not less than
$750; and
(2) Exemplary or punitive damages, if the
trier of fact finds that the defendant knowingly made use of the name, voice,
signature, photograph or likeness of another person without the consent
required by NRS 597.790 .
2. No owner or employee of any medium used
for advertising is liable pursuant to this section for any unauthorized
commercial use of a person
s name, voice, signature, photograph or likeness
unless it is established that the owner or employee had actual knowledge of the
unauthorized use.
(Added to NRS by 1989,
1609 )
DEVICES FOR AUTOMATIC DIALING AND ANNOUNCING
NRS 597.812
Device for automatic dialing and announcing
defined. As used in NRS
597.812 to 597.818 , inclusive,
device for automatic dialing and announcing
means any equipment that:
1. Incorporates a storage capability of
telephone numbers to be called and utilizes a random or sequential number
generator producing telephone numbers to be called; and
2. Is used exclusively, working alone or
in conjunction with other equipment, to disseminate a prerecorded message to
the telephone number called to solicit a person at the telephone number called
to purchase goods or services.
(Added to NRS by 1999,
3331 )
NRS 597.814 Use prohibited; exceptions; restrictions.
1. Except as otherwise provided in
subsection 3 and NRS 597.816 , a person
shall not use a device for automatic dialing and announcing to disseminate a
prerecorded message in a telephone call unless, before the message is
disseminated, a recorded or unrecorded natural voice:
(a) Informs the person who answers the telephone
call of the nature of the call, including, without limitation, the fact that a
device for automatic dialing and announcing will be used to disseminate the
message if the person who answers the call remains on the line; and
(b) Provides to the person who answers the
telephone call the name, address and telephone number of the business or
organization, if any, being represented by the caller.
2. A person shall not operate a device for
automatic dialing and announcing to place:
(a) A call that is received by a telephone
located in this State during the period between 8 p.m. and 9 a.m.; or
(b) A call-back or second call to the same
telephone number if a person at the telephone number terminated the original
call.
3. This section does not prohibit the use
of a device for automatic dialing and announcing to dial the number of and play
a recorded message to a person with whom the person using the device or another
person affiliated with the person using the device has a preexisting business
relationship.
(Added to NRS by 1989,
79 ; A 1999,
3332 ; 2003,
2874 )
NRS 597.816 Additional exceptions to prohibition of use. The provisions of NRS 597.814 do not prohibit the use of a
device for automatic dialing and announcing by any person exclusively on behalf
of:
1. A school or school district to contact
the parents or guardians of a pupil regarding the attendance of the pupil or
regarding other business of the school or school district.
2. A nonprofit organization.
3. A video service provider that provides
cable television or other video services to contact its customers regarding a
previously arranged installation of such services at the premises of the
customer.
4. A public utility to contact its
customers regarding a previously arranged installation of utility services at
the premises of the customer.
5. A facility that processes or stores
petroleum, volatile petroleum products, natural gas, liquefied petroleum gas,
combustible chemicals, explosives, high-level radioactive waste or other
dangerous substances to advise local residents, public service agencies and
news media of an actual or potential life-threatening emergency.
6. A state or local governmental agency,
or a private entity operating under contract with and at the direction of such
an agency, to provide:
(a) Information relating to public safety;
(b) Information relating to a police or fire
emergency; or
(c) A warning of an impending or threatening
emergency.
7. A candidate for public office,
committee advocating the passage or defeat of a ballot question, political party,
committee sponsored by a political party or a committee for political action.
(Added to NRS by 1999,
3331 ; A 2007,
1392 )
NRS 597.818 Penalty.
1. A person who violates any provision of NRS 597.814 is guilty of:
(a) For a first offense, a misdemeanor.
(b) For a second offense, a gross misdemeanor.
(c) For a third and any subsequent offense, a
category E felony and shall be punished as provided in NRS 193.130 .
2. If a person is found guilty or guilty
but mentally ill of, or has pleaded guilty, guilty but mentally ill or nolo
contendere to, violating any provision of NRS
597.814 , his or her telephone service to which a device for automatic
dialing and announcing has been connected must be suspended for a period
determined by the court.
3. In addition to any other penalty, a
person who violates any provision of NRS
597.814 is subject to a civil penalty of not more than $10,000 for each
violation.
4. A violation of any provision of NRS 597.814 constitutes a deceptive trade
practice for the purposes of NRS 598.0903
to 598.0999 , inclusive.
(Added to NRS by 1999,
3332 ; A 2007,
1467 ; 2021,
1342 )
CONTRACTS WITH SERVICE MEMBERS FOR TELECOMMUNICATION,
INTERNET OR VIDEO SERVICE OR GYM MEMBERSHIP
NRS 597.8191 Definitions. As
used in NRS 597.8191 to 597.8198 , inclusive, unless the context
otherwise requires, the words and terms defined in NRS 597.8192 and 597.8193 have the meanings ascribed to
them in those sections.
(Added to NRS by 2017,
218 )
NRS 597.8192
Service member
defined.
Service
member
means a person who is stationed in or a resident of this State and who
is:
1. A member of the active or reserve
components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the
United States who is on active duty;
2. A member of the Merchant Marine, the
Commissioned Corps of the Public Health Service or the Commissioned Corps of
the National Oceanic and Atmospheric Administration of the United States; or
3. A member of the National Guard.
(Added to NRS by 2017,
218 )
NRS 597.8193
Written notice
defined.
Written
notice
includes, without limitation, the provision of notice by electronic
mail.
(Added to NRS by 2017,
218 )
NRS 597.8194 Termination or suspension of contracts upon deployment or
permanent change of station authorized; proof; effective date.
1. A service member may, upon written
notice to the service provider, terminate or suspend a contract for a service
described in subsection 3 at any time after the date the service member
receives military service orders:
(a) For a permanent change of station; or
(b) To deploy with a military unit, or as an
individual in support of a military operation, for a period of not less than 30
days.
2. If a service member receives military
service orders for a permanent change of station, the spouse of the service
member may, upon written notice to the service provider, terminate or suspend a
contract for a service described in subsection 3 at any time after the date the
service member receives the military service orders for a permanent change of
station.
3. The provisions of subsections 1 and 2
apply to a contract for any of the following services:
(a) Except as otherwise provided in subsection 6,
telecommunication service.
(b) Internet service.
(c) Membership in a health club.
(d) Video service.
4. The service member or the spouse of a
service member must provide written proof to the service provider of the
official military service orders showing that the service member has been
relocated or deployed, as applicable:
(a) At the time written notice is given pursuant
to subsection 1 or 2; or
(b) If precluded by military necessity or
circumstances that make the provision of proof at that time unreasonable or
impossible, within 90 days after the written notice is given.
5. A termination or suspension of a
contract for services under this section is effective on the date on which
written notice is given by the service member or the spouse of a service
member, as applicable, pursuant to subsection 1 or 2. The termination or
suspension of service does not eliminate or alter any contractual obligation to
pay for services rendered before the effective date of the written notice,
unless otherwise provided by law.
6. A service member may terminate a
contract for cellular telephone service or telephone exchange service in
accordance with the provisions of 50 U.S.C.
3956.
7. As used in this section:
(a)
Health club
has the meaning ascribed to it
in NRS 598.9415 .
(b)
Telecommunication service
has the meaning
ascribed to it in NRS 711.135 .
(c)
Video service
means the provision of
multichannel video programming generally considered comparable to video
programming delivered by a television broadcast station, cable service or other
digital television service, whether provided as part of a tier, on-demand or on
a per channel basis, without regard to the technology used to deliver the video
service.
(1) The term includes, without limitation:
(I) Cable service; and
(II) Internet protocol technology or
any successor technology.
(2) The term does not include:
(I) Any video content provided
solely as part of, and through, a service that enables users to access content,
information, electronic mail or other services that are offered via the public
Internet.
(II) Any wireless multichannel video
programming provided by a commercial mobile service provider.
(Added to NRS by 2017,
218 )
NRS 597.8195 Reinstatement of service.
1. A service member or the spouse of a
service member who terminates or suspends a contract for the provision of a
service pursuant to NRS 597.8194 may,
upon giving written notice to the service provider within 90 days after
termination of the service member
s relocation or deployment, as applicable,
reinstate the provision of services:
(a) If the service member was relocated or
deployed for not more than 12 consecutive months, on the same terms and
conditions as originally agreed upon with the service provider before the
termination or suspension.
(b) If the service member was relocated or
deployed for more than 12 consecutive months, on the same terms and conditions
that were offered by the service provider to any new customer at the lowest
discounted or promotional rate within the 12-month period immediately preceding
the termination of the service member
s relocation or deployment.
2. Upon receipt of the written notice of
reinstatement, the service provider must resume the provision of services or,
if the services are no longer available, provide substantially similar services
within a reasonable time, not exceeding 30 days, from the date of receipt of
the written notice of reinstatement.
(Added to NRS by 2017,
219 )
NRS 597.8196 Charges solely for termination, suspension or reinstatement
prohibited; period of nonliability for payment. A
service member or the spouse of a service member who terminates, suspends or
reinstates a contract for the provision of a service pursuant to NRS 597.8191 to 597.8198 , inclusive:
1. Must not be charged a penalty, fee,
loss of deposit or any other additional cost because of the termination,
suspension or reinstatement; and
2. Is not liable for payment for any
services after the effective date of the termination or suspension, and until
the effective date of a reinstatement of services pursuant to NRS 597.8195 , if applicable.
(Added to NRS by 2017,
220 )
NRS 597.8197 Action for recovery of damages or for declaratory or equitable
relief; attorney
s fees and costs.
1. Any person injured by a violation of NRS 597.8191 to 597.8198 , inclusive, may bring an action
for recovery of damages or for declaratory or equitable relief.
2. In addition to the relief authorized by
this section, the court may award reasonable attorney
s fees and costs to a
plaintiff that prevails under this section.
(Added to NRS by 2017,
220 )
NRS 597.8198 Enforcement by Attorney General; remedies. If the Attorney General has reason to believe
that a person has violated, is violating or is about to violate any of the
provisions of NRS 597.8191 to 597.8198 , inclusive, the Attorney General
may institute an appropriate legal proceeding against the person. The district
court, upon a showing that the person has violated, is violating or is about to
violate any of the provisions of NRS
597.8191 to 597.8198 , inclusive,
may grant any of the following remedies, as appropriate:
1. Issue a temporary or permanent
injunction.
2. Impose a civil penalty not to exceed:
(a) For a first violation, $25,000; and
(b) For any subsequent violation, $50,000.
3. Issue a declaratory judgment.
4. Order restitution for the service
member or the spouse of the service member, as applicable.
5. Order the payment of attorney
s fees
and costs.
6. Order such other relief as the court
deems just.
(Added to NRS by 2017,
220 )
MISCELLANEOUS PROVISIONS
NRS 597.820 Profiteering in articles on which there is sales tax; penalty.
1. No person, dealer, firm, agency,
partnership, corporation, service station, garage, or business concern of any
kind, wholesale or retail, shall add to the selling price of any article of
merchandise, commodity, service or utility, motor part or accessory, tire,
gasoline or other motor fuel or lubricating liquid, or any article whatsoever
upon which there is or hereafter may be a sales tax, either federal or state,
when sold, offered or exposed for sale, trade or barter in this State, more
than the actual amount of such sales tax in the smallest unit under which any
of such articles is offered for sale or sold; provided, that where such sales
tax in case of units of any such merchandise or articles amounts to less than 1
cent, 1 cent and no more may be added to the price of the unit when sold.
2. A violation of the provisions of
subsection 1 shall be a misdemeanor.
[Part 1:175:1933; 1931 NCL
6821] + [Part
2:175:1933; 1931 NCL
6821.01]—(NRS A 1967,
620 )
NRS 597.830 Unlawful additions to entertainment or amusement tax; penalty.
1. If a federal or state tax is imposed on
an admission to or on a ticket sold for a public entertainment or amusement of
any kind in this state, it shall be unlawful to add to the price of the
admission or ticket more than the actual amount of the tax.
2. A violation of the provisions of
subsection 1 shall be a misdemeanor.
[Part 1:175:1933; 1931 NCL
6821] + [Part
2:175:1933; 1931 NCL
6821.01]—(NRS A 1967,
620 )
NRS 597.840 Unlawful retention of deposit for longer than agreed time;
penalty.
1. A person shall not hold a deposit for
the purchase of an item longer than the time specified in a contract between
the purchaser and the seller if the purchaser is entitled to the return of the
deposit.
2. A person who violates the provisions of
subsection 1 shall be punished by a fine of not more than the amount of the
deposit multiplied by the number of working days the deposit was retained after
return was due.
(Added to NRS by 1985,
2255 )
NRS 597.850 Shoplifting: Merchant may request person on premises to keep
merchandise in full view; detention of suspect; immunity of merchant from
liability; display of notice.
1. As used in this section and in NRS 597.860 and 597.870 :
(a)
Merchandise
means any personal property,
capable of manual delivery, displayed, held or offered for sale by a merchant.
(b)
Merchant
means an owner or operator, and
the agent, consignee, employee, lessee, or officer of an owner or operator, of
any merchant
s premises.
(c)
Premises
means any establishment or part
thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any person on
the merchant
s premises to place or keep in full view any merchandise the
person may have removed, or which the merchant has reason to believe the person
may have removed, from its place of display or elsewhere, whether for
examination, purchase or for any other purpose. No merchant is criminally or
civilly liable on account of having made such a request.
3. Any merchant who has reason to believe
that merchandise has been wrongfully taken by a person and that the merchant
can recover the merchandise by taking the person into custody and detaining the
person may, for the purpose of attempting to effect such recovery or for the
purpose of informing a peace officer of the circumstances of such detention,
take the person into custody and detain the person, on the premises, in a
reasonable manner and for a reasonable length of time. A merchant is presumed
to have reason to believe that merchandise has been wrongfully taken by a
person and that the merchant can recover the merchandise by taking the person
into custody and detaining the person if the merchant observed the person
concealing merchandise while on the premises. Such taking into custody and
detention by a merchant does not render the merchant criminally or civilly
liable for false arrest, false imprisonment, slander or unlawful detention
unless the taking into custody and detention are unreasonable under all the
circumstances.
4. No merchant is entitled to the immunity
from liability provided for in this section unless there is displayed in a
conspicuous place on the merchant
s premises a notice in boldface type clearly
legible and in substantially the following form:
Any merchant or his or her
agent who has reason to believe that merchandise has been wrongfully taken by a
person may detain such person on the premises of the merchant for the purpose
of recovering the property or notifying a peace officer. An adult or the
parents or legal guardian of a minor, who steals merchandise is civilly liable
for its value and additional damages. NRS
597.850 , 597.860 and 597.870 .
(Added to NRS by 1959,
407 ; A 1961,
357 ; 1963,
504 ; 1969,
1528 ; 1973,
376 , 1476 ;
1985,
468 ; 1993,
1798 ; 1997,
22 ; 1999,
96 ; 2005,
1093 )
NRS 597.860 Shoplifting: Civil liability of adult who steals merchandise
from or damages property on merchant
s premises.
1. An adult who steals merchandise from,
or damages property on, a merchant
s premises is civilly liable for the retail
value of the merchandise or the fair market value of the other property, plus
damages of not less than $100 nor more than $250, costs of suit and reasonable
attorney
s fees. An action may be brought even if there has been no criminal
conviction for the theft or damage.
2. An action under this section may be
brought as a small claim in a Justice Court if the total amount sought does not
exceed the statutory limit for such a claim.
(Added to NRS by 1973,
376 ; A 1985,
796 ; 1993,
77 )
NRS 597.870 Shoplifting: Civil liability of parent or guardian of minor who
steals merchandise from or damages property on merchant
s premises.
1. The parent or legal guardian, as the
case may be, of a minor who steals merchandise from, or damages property on, a
merchant
s premises is civilly liable for:
(a) The retail value of the merchandise; and
(b) The fair market value of the damaged
property,
plus damages
of not less than $100 nor more than $250, costs of suit and reasonable
attorney
s fees. An action may be brought even if there has been no criminal
conviction for the theft or damage. Recovery under this section may be had in
addition to, and is not limited by, any other provision of law which limits the
liability of a parent or legal guardian for the tortious conduct of a minor.
2. An action under this section may be
brought as a small claim in a Justice Court if the total amount sought does not
exceed the statutory limit for such a claim.
(Added to NRS by 1973,
376 ; A 1985,
796 ; 1993,
78 )
NRS 597.880 Sale and advertising of master keys for motor vehicles limited;
penalty.
1. As used in this section,
master motor
vehicle key set
means a key or keys that may be used to operate more than one
motor vehicle.
2. A person shall not sell a master motor
vehicle key set to any person except automobile dealers, automobile repairers,
locksmiths and peace officers of the State of Nevada.
3. A person shall not advertise the sale
of a master motor vehicle key set except in trade journals of automobile
dealers, automobile repairers and locksmiths.
4. Any person who violates the provisions
of subsection 2 or 3 is guilty of a misdemeanor.
(Added to NRS by 1967,
142 ; A 1985,
347 )
NRS 597.890 Advertising that climate of facility for storage of personal
property is controlled: Requirements; penalty; civil liability.
1. The owner of a facility for the storage
of personal property or a person acting on his or her behalf shall not
advertise that the facility is
climate controlled
unless the advertisement
specifies the range of the minimum and maximum temperature and humidity within
which the facility is maintained.
2. If an owner or a person acting on his
or her behalf fails to indicate the range of temperature and humidity of a
facility in any advertisement that refers to it as being
climate controlled
or fails to maintain the temperature and humidity of the facility within the
advertised range, the owner is guilty of a misdemeanor and is liable to the
occupant for any damages that are caused to the occupant
s personal property as
a result of extremes in temperature or humidity, notwithstanding any contrary
provision in the rental agreement.
3. As used in this section, the terms
facility,
occupant,
owner,
personal property
and
rental agreement
have the meanings ascribed to them respectively in NRS 108.4733 to 108.4748 , inclusive.
(Added to NRS by 1991,
2164 ; A 2011,
1831 )
NRS 597.895 Certain acts of third-party reservation service platform
provider prohibited without written agreement of establishment; violation
constitutes deceptive trade practice; violation not subject to criminal
penalty; exception.
1. Except as otherwise provided in
subsection 4, a third-party reservation service platform provider shall not
list, advertise, promote or sell a reservation, appointment or booking for a
customer at any establishment through the third-party reservation service platform
of the provider unless the provider has entered into a written agreement with
either the establishment or a designee of the establishment that expressly
authorizes the provider to engage in such activities.
2. Except as otherwise provided in
subsection 3, a violation of the provisions of subsection 1 constitutes a
deceptive trade practice for the purposes of NRS
598.0903 to 598.0999 , inclusive,
and each day
s continuance of the violation constitutes a separate and distinct
violation.
3. A person who violates the provisions of
subsection 1 is not subject to any criminal penalty set forth in subsection 3
of NRS 598.0999 .
4. The provisions of this section do not
apply to a document preparation service as defined in NRS 240A.030 .
5. As used in this section:
(a)
Establishment
means a person or entity that
offers goods or services, whether public or private, and relies on scheduled
reservations, appointments or bookings in the provision of such goods or
services.
(b)
Third-party reservation service platform
:
(1) Means an Internet website, online
service or mobile application which offers or arranges a reservation,
appointment or booking for a customer at an establishment and which is owned
and operated by a person other than the person who owns the establishment.
(2) Does not include a person or entity
which arranges, at the request of a customer and at no charge to the customer,
a reservation, appointment or booking for the customer at an establishment if
the reservation, appointment or booking is personal to the customer and
nontransferable, and the person or entity:
(I) Shares the contact information
of the customer with the establishment;
(II) Authorizes the establishment to
confirm the reservation, appointment or booking with the customer; and
(III) Honors any request from an
establishment to opt out of any future reservations, appointments or bookings
arranged by the person or entity.
(c)
Third-party reservation service platform
provider
or
provider
means a person who operates a third-party reservation
service platform.
(Added to NRS by 2025,
1090 )
NRS 597.900 Sale of imitation Indian arts and crafts not clearly labeled as
imitation prohibited.
1. As used in this section:
(a)
Imitation Indian arts or crafts articles
means those made by machine, or made either wholly or partially out of
synthetic or artificial materials, or articles which are not made by Indian
labor or workmanship.
(b)
Indian
means a person who is enrolled or
who is a lineal descendant of one enrolled upon an enrollment listing of the
Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian
tribe, domiciled in the United States.
2. A person shall not distribute, sell or
offer for sale in this state any imitation Indian art or craft articles unless
the articles are at all times clearly and legibly designated as imitation.
3. Only those articles bearing a
registered trademark or label of authentic Indian labor or workmanship may be
deemed authentic Indian arts or crafts articles.
4. Any person violating the provisions of
this section is guilty of a misdemeanor.
(Added to NRS by 1967,
765 ; A 1985,
347 )
NRS 597.905 Purchase or sale of or possession with intent to sell items made
of part or byproduct of certain animals: Prohibition; exceptions; penalties.
1. Except as otherwise provided in
subsection 2, a person shall not purchase, sell, offer for sale or possess with
intent to sell any item that is, wholly or partially, made of an animal part or
byproduct derived from a shark fin, a lion of the species Panthera leo
or any species of elephant, rhinoceros, tiger, leopard, cheetah, jaguar,
pangolin, sea turtle, ray, mammoth, narwhal, walrus or hippopotamus.
2. The provisions of subsection 1 do not
apply to:
(a) Any activity undertaken by a law enforcement
agency or officer pursuant to federal or state law.
(b) An antique that contains a de minimis
quantity of an animal part or byproduct derived from any species listed in
subsection 1, provided that the animal part or byproduct is a fixed component
of the antique and the owner or seller of the antique establishes with documentation
evidencing provenance of the antique that the antique is at least 100 years
old.
(c) A musical instrument, including, without
limitation, piano, string instrument and bow, wind instrument and percussion
instrument, that contains a de minimis quantity of an animal part or byproduct
derived from any species listed in subsection 1, provided that the owner or
seller of the musical instrument:
(1) Possesses any certification or permit
required by federal law for the sale of the musical instrument; and
(2) Establishes with documentation
evidencing provenance that the musical instrument was legally acquired.
(d) A knife or firearm, or a component thereof,
that contains an animal part or byproduct derived from any species listed in
subsection 1 if:
(1) The animal part or byproduct:
(I) Is a fixed or integral part of
the knife or firearm, or the component thereof; and
(II) Originated in or was legally
imported to the United States; and
(2) The owner or seller of the knife or
firearm, or the component thereof, establishes with documentation evidencing
provenance that the knife or firearm, or the component thereof, was legally
acquired; and
(3) All the requirements for the sale of
the knife or firearm, or the component thereof, set forth in federal and state
law are met.
(e) Sales authorized by the Department of
Business and Industry to a bona fide scientific or educational institution of
an item that contains an animal part or byproduct derived from any species
listed in subsection 1, provided that the owner or seller of the item:
(1) Possesses any certification or permit
required by federal law for the sale of the item; and
(2) Establishes with documentation
evidencing provenance that the item was legally acquired.
(f) Any item that contains an animal part or
byproduct derived from any species listed in subsection 1 for which the owner
or seller has obtained any certification or permit required by federal law for
the sale of the item or that is specifically authorized for sale by federal
law, provided that all the requirements for the sale of the item set forth in
federal or state law have been met.
(g) Any sport-hunted item that is legally
obtained in accordance with federal law.
3. Any person who violates a provision of
subsection 1:
(a) For the first offense, is guilty of a gross
misdemeanor;
(b) For the second offense, is guilty of a
category E felony and shall be punished as provided in NRS 193.130 ; and
(c) For the third and any subsequent offense, is
guilty of a category D felony and shall be punished as provided in NRS 193.130 .
4. In addition to the criminal penalties
set forth in this section, a person who violates a provision of this section,
upon conviction, shall pay a civil penalty not to exceed $6,500 or an amount
equal to four times the fair market value of the item which is the subject of
the violation, whichever is greater.
5. As used in this section:
(a)
De minimis quantity
means:
(1) Less than 20 percent of an item by
volume;
(2) Less than 200 grams in weight when
examined as a separate component; and
(3) Less than 20 percent of the fair
market value of an item or of the actual price paid for the item, whichever is
greater.
(b)
Sale
or
sell
means any act of selling,
trading or bartering, for monetary or nonmonetary consideration, and includes
any transfer of ownership that occurs in the course of a commercial transaction,
but does not include a nonmonetary transfer of ownership to a legal beneficiary
of a trust or to a person by way of gift, donation, inheritance or bequest.
(c)
Shark fin
means the fresh and uncooked, or
cooked, frozen, dried or otherwise processed, detached fin or tail of a shark.
(Added to NRS by 2017,
2313 , 2314 )
NRS 597.915 Informal merchants: Prohibited acts; penalty; evidence of legal
acquisition of new product.
1. An informal merchant shall not offer
for sale or knowingly allow the sale of any new product that he or she knows or
reasonably should have known is stolen, has been recalled by the manufacturer,
has been adulterated, has not been maintained at the proper temperature, has an
expiration date that has passed, has been discarded by the manufacturer or a
retailer, is an inferior product if he or she does not clearly indicate such
inferiority, or has any other defect that makes the product ineffective for the
use for which it is purchased or that makes the product below the quality
expected by the consumer.
2. An informal merchant who violates the
provisions of subsection 1 shall be punished:
(a) If the sale of the product does not cause
substantial bodily harm to another person, for a gross misdemeanor.
(b) If the sale of the product causes substantial
bodily harm to another person, for a category C felony as provided in NRS 193.130 .
3. Upon request of a peace officer, an
informal merchant shall provide reliable evidence of the legal acquisition of a
new product that the merchant is offering for sale. If it is determined that
the product was stolen and the informal merchant fails to provide such
evidence, an inference is created that the informal merchant knew or should
have known that the product was stolen.
4. As used in this section:
(a)
Informal market
means:
(1) A gathering at which:
(I) Two or more persons offer
personal property for sale or exchange;
(II) A fee is charged for the sale or
exchange of personal property; or
(III) A fee is charged for admission
to the area in which personal property is offered for sale or exchange; or
(2) A place at which personal property is
offered or displayed for sale or exchange on more than six occasions in a
period of 12 months,
whether held
in a building, under cover or in the open air.
(b)
Informal merchant
means a person who does
not have an established retail store in the county and who transports an
inventory of goods to an informal market and displays the goods for sale,
offers them for sale at retail or sells them at retail.
(c)
New product
means any tangible good which
has never been used or which is in its original, unopened package or container.
(d)
Stolen
means taken unlawfully from or
without the permission of the owner, whether or not the person who took the
item is or has been prosecuted or convicted for the taking of the item.
(Added to NRS by 1999,
2543 )
NRS 597.935 Acceptance of permanent resident card to identify customer.
1. If a business accepts a driver
s
license or identification card issued by the Department of Motor Vehicles for
the purpose of identifying a customer, the business shall not refuse to accept
a permanent resident card for the same purpose.
2. As used in this section,
permanent
resident card
means a Permanent Resident Card issued by the United States
Citizenship and Immigration Services of the Department of Homeland Security.
(Added to NRS by 2017,
87 )
NRS 597.937 Acceptance of tribal identification card to identify customer.
1. If a business accepts a driver
s
license or identification card issued by the Department of Motor Vehicles for
the purpose of identifying a customer, the business shall not refuse to accept
a tribal identification card for the same purpose unless the business
reasonably determines that a federal law or regulation requires the use of a
different form of identification.
2. As used in this section,
tribal
identification card
means an identification card issued by a tribal government
which satisfies the requirements of subsection 3 of NRS 232.006 .
(Added to NRS by 2017,
1628 , 2277 )
NRS 597.940 Restrictions on recording of account number of credit card as
condition to accepting check or draft; restrictions on recording of telephone
number as condition to accepting credit card.
1. Except as otherwise provided in this
subsection, a business shall not, without the customer
s consent, record the
account number of any of a customer
s credit cards on the customer
s check or
draft as a condition of accepting that check or draft. This subsection does not
prohibit:
(a) The business from requiring the customer to
produce reasonable forms of positive identification other than a credit card,
including, without limitation:
(1) A driver
s license;
(2) An identification card issued by the
Department of Motor Vehicles;
(3) A permanent resident card;
(4) A tribal identification card; or
(5) A consular identification card,
as a
condition of accepting a check or draft.
(b) The business from requesting the customer to
display a credit card as an indicia of creditworthiness or financial
responsibility, if the only information recorded by the business concerning the
credit card is the type of credit card displayed, the issuer of the card and
the date the card expires.
(c) The business from requesting the customer to
record the account number of his or her credit card on the check or draft with
which payment on the credit card account is being made.
(d) The business from requesting the production
of or recording of the account number of a credit card as a condition of
cashing a check or draft if:
(1) The business has agreed with the issuer
of the credit card to cash the checks or drafts as a service to the cardholders
of the issuer;
(2) The issuer has agreed to guarantee any
such check or draft so cashed; and
(3) The cardholder has given actual,
apparent or implied authority for the use of his or her account number for this
purpose.
2. Except as otherwise provided in this
subsection, a business shall not, without the customer
s consent, record a
customer
s telephone number on the credit card sales slip as a condition of
accepting his or her credit card. This subsection does not:
(a) Prohibit the recordation of personal
identifying information required for a special purpose incidental to the use of
the credit card, such as the delivery, shipping, servicing or installation of
the purchased merchandise.
(b) Apply to a transaction in which the customer
receives a cash advance against his or her credit card or to a transaction
involving the use of preprinted spaces for personal identifying information
that the business accepting the credit card has a contractual obligation to
record in order to complete the transaction.
(c) Apply to a transaction in which the
customer
s purchase is made by the use of a device that electronically
authorizes the use of the credit card and processes information relating
thereto.
3. As used in this section, unless the
context otherwise requires:
(a)
Consular identification card
means an
identification card issued by a consulate of a foreign government, which
consulate is located within the State of Nevada.
(b)
Credit card
has the meaning ascribed to it
in NRS 205.630 .
(c)
Identification card issued by the Department
of Motor Vehicles
means an identification card of the type described in NRS 483.810 to 483.890 , inclusive.
(d)
Permanent resident card
means a Permanent
Resident Card issued by the United States Citizenship and Immigration Services
of the Department of Homeland Security.
(e)
Tribal identification card
means an
identification card issued by a tribal government which satisfies the
requirements of subsection 3 of NRS 232.006 .
(Added to NRS by 1991,
1418 ; A 2003,
1936 ; 2017,
87 , 1628 ,
2277 )
NRS 597.945 Restrictions on printing expiration date or account number of
credit card or debit card on receipt: Restrictions applicable to businesses
which accept credit cards or debit cards; penalties; enforcement.
1. Except as otherwise provided in this
section, if a business accepts credit cards or debit cards for the transaction
of business, the business shall not:
(a) Print the expiration date of the credit card
or debit card on any receipt provided to the cardholder;
(b) Print more than the last five digits of the
account number of the credit card or debit card on any receipt provided to the
cardholder; or
(c) Print more than the last five digits of the
account number of the credit card or debit card on any copy of a receipt
retained by the business.
2. This section:
(a) Applies only to receipts that are
electronically printed.
(b) Does not apply to transactions in which the
only means of recording the credit card or debit card number is:
(1) By handwriting the credit card or
debit card number; or
(2) By imprinting or copying the credit
card or debit card.
3. A business that violates any provision
of this section is liable for a civil penalty in the amount of $500. The
business must be given notice of the violation and 2 weeks to correct the
violation. A business that does not correct the violation within 2 weeks after
receiving notice of the violation is liable for an additional civil penalty in
the amount of $1,000 per week until the business corrects the violation, except
that the aggregate amount of civil penalties imposed on a business for
violations which occur on the same premises must not exceed $4,500.
4. A civil penalty imposed pursuant to
subsection 3 must be recovered in a civil action brought in the name of the
State of Nevada by the Attorney General or by any district attorney in a court
of competent jurisdiction. Any penalty collected pursuant to this section must
be paid to the State Treasurer for credit to the State General Fund.
5. The Attorney General or the district
attorney may bring an action in any court of competent jurisdiction in the name
of the State of Nevada against any business to restrain and prevent any
violation of this section. The court may issue an injunction for those purposes
without proof of actual damage sustained by any person.
6. A business that violates any order or
injunction issued pursuant to this section is guilty of a gross misdemeanor.
7. As used in this section:
(a)
Credit card
means any instrument or device,
whether known as a credit card, credit plate or by any other name, issued with
or without fee by an issuer for the use of the cardholder in obtaining money,
property, goods, services or anything else of value on credit.
(b)
Debit card
means any instrument or device,
whether known as a debit card or by any other name, that is issued with or
without a fee by an issuer for the use of the cardholder in obtaining money,
property, goods, services or anything else of value, subject to the issuer
removing money from the checking account or savings account of the cardholder.
(Added to NRS by 2003,
1358 ; A 2009,
578 )
NRS 597.947 Restrictions on printing expiration date or account number of
credit card or debit card on receipt: Restrictions applicable to manufacturer
or supplier of device; penalty; enforcement.
1. A manufacturer or supplier of a cash
register or other machine or device that prints receipts for transactions in
which a credit card or debit card is used shall not provide, lease or sell for
the transaction of business any equipment that does not allow a business to
comply with the provisions of subsection 1 of NRS
597.945 .
2. The Attorney General or the district
attorney may bring an action in any court of competent jurisdiction in the name
of the State of Nevada against any person to restrain and prevent any violation
of this section. The court may issue an injunction for those purposes without
proof of actual damage sustained by any person.
3. A person who violates any order or
injunction issued pursuant to this section is guilty of a gross misdemeanor.
4. As used in this section:
(a)
Credit card
has the meaning ascribed to it
in NRS 597.945 .
(b)
Debit card
has the meaning ascribed to it
in NRS 597.945 .
(c)
Supplier
means a person engaged in the
business of providing, leasing or selling cash registers or other machines or
devices that are used to print receipts in the transaction of business.
(Added to NRS by 2009,
577 )
NRS 597.950 Unsolicited merchandise deemed unconditional gift to recipient;
liability of sender; exceptions.
1. Any person who receives unsolicited
goods, wares or merchandise offered for sale, but not actually ordered or requested
by him or her orally or in writing, is entitled to consider those goods, wares
or merchandise an unconditional gift, and may use or dispose of them as he or
she sees fit without obligation on his or her part to the sender.
2. The sender of unsolicited goods, wares
or merchandise must pay actual and reasonable expenses incurred by the
recipient:
(a) In returning the goods, wares or merchandise
to the sender; or
(b) In resisting attempts by the sender to
collect payment for the goods, wares or merchandise.
3. The sender of unsolicited goods, wares
or merchandise is liable to the recipient for any impairment of the credit of
the recipient caused by attempts by the sender to collect payment for the
goods, wares or merchandise.
4. The provisions of subsections 1, 2 and
3 do not apply to the following:
(a) Where delivery of goods, wares or merchandise
is by mistake in response to an order to the sender for other goods, wares or
merchandise.
(b) Where delivery is made by mistake to someone
other than a person who ordered goods, wares or merchandise from the sender.
(c) Where the sender has sent a substitute or
substitutes in response to an order for certain goods, wares or merchandise.
(d) Where someone has ordered a gift for another
from the sender, and the goods, wares or merchandise were sent directly to the
recipient of the gift.
(e) Where delivery of goods, wares or merchandise
is made by mistake to a member of a subscription-type plan (such as a book club
or record club) operated by the sender.
(Added to NRS by 1971,
383 ; A 1979,
188 )
NRS 597.960 Collection of fee for dishonored check accepted as payment for
goods or services.
1. A seller, or his or her agent, may
collect a fee of not more than $25 for each check which was accepted by the
seller as payment for goods or services and, upon presentment to the drawee,
was not honored because the drawer stopped payment on the check, the drawer
does not have an account with the drawee or the drawer does not have sufficient
funds in his or her account or credit with the drawee to cover the amount of
the check.
2. As used in this section:
(a)
Check
includes a draft or other negotiable
order for the payment of money on demand which is drawn on a bank or other
financial institution.
(b)
Drawee
means the person ordered in the
check to make payment.
(c)
Drawer
means the person who signs or is
identified in the check as the person ordering payment.
(Added to NRS by 1995,
342 )
NRS 597.980 Sale of novelty lighter prohibited; applicability; penalty;
enforcement.
1. Except as otherwise provided in
subsection 2, a person may not sell at retail, offer for retail sale or
distribute for retail sale or promotion in this State a novelty lighter.
2. This section does not apply to the
transportation of novelty lighters through this State or the storage of novelty
lighters in a warehouse or distribution center in this State that is closed to
the public for purposes of retail sales.
3. The Attorney General or any district
attorney, on the request of the State Fire Marshal or on his or her own motion,
may bring an action in any court of competent jurisdiction in the name of the
State of Nevada to enjoin a violation of this section.
4. A person who violates this section is
guilty of a misdemeanor and shall be punished by a fine of not more than $500.
No sentence of incarceration may be imposed.
5. As used in this section,
novelty
lighter
:
(a) Means a mechanical or electrical device which
is typically used for lighting cigarettes, cigars or pipes that may operate on
any fuel, including, without limitation, butane, isobutene or liquid fuel, and
which:
(1) Is designed to resemble and reasonably
does resemble a cartoon character, toy, gun, watch, musical instrument,
vehicle, animal, food, beverage or other similar article that does not resemble
a standard disposable lighter; or
(2) Plays musical notes, has flashing
lights or has more than one button or function; and
(b) Does not include:
(1) A lighter manufactured before January
1, 1980;
(2) A lighter incapable of being fueled or
lacking a device necessary to produce combustion or a flame;
(3) Any mechanical or electrical device
primarily used to ignite fuel for fireplaces or for charcoal or gas grills; or
(4) Standard disposable lighters that are
printed or decorated, including, without limitation, through the use of a heat
shrinkable sleeve, with logos, labels, decals or artwork.
(Added to NRS by 2009,
1415 )
NRS 597.985 Knowing manufacture, sale or distribution of certain products
containing Bisphenol A prohibited. A
person shall not knowingly manufacture, sell or distribute in this State any
bottle or cup which contains intentionally added Bisphenol A if the bottle or
cup is designed or intended to be filled with any liquid or food intended
primarily for consumption directly from the bottle or cup by a child who is
less than 4 years of age.
(Added to NRS by 2013,
759 )
NRS 597.990 Knowing manufacture, sale or distribution of baby food or infant
formula in container containing Bisphenol A prohibited.
1. A person shall not knowingly
manufacture, sell or distribute in this State any baby food or infant formula
stored in a container which contains intentionally added Bisphenol A.
2. As used in this section:
(a)
Baby food
means any prepared solid food
consisting of a soft paste or is otherwise easily chewed and is intended primarily
for consumption by a child who is less than 4 years of age and is commercially
available.
(b)
Container
means any receptacle, including,
without limitation, a box, can, jar, or a lid, that comes in direct physical
contact with baby food or infant formula.
(c)
Infant formula
means any liquid or powder
that purports or is represented to be for special dietary use solely as a food
for infants by nature of its simulation of human milk or its suitability as a
complete or partial substitute for human milk.
(Added to NRS by 2013,
759 )
NRS 597.992 Affirmative defense of coerced debt in civil action to collect
unsecured consumer debt.
1. In any civil action to collect an
unsecured consumer debt, it is an affirmative defense under applicable court
rules that the debt is a coerced debt.
2. To assert the affirmative defense of
coerced debt, a debtor must submit to the court:
(a) A written attestation that includes, without
limitation:
(1) A statement that clearly identifies
the specific debt the debtor asserts is a coerced debt;
(2) A description of the circumstances
under which the alleged coerced debt was incurred, including specific facts
supporting the allegation;
(3) Except as otherwise provided in
subsection 4, any information known to the debtor regarding the identity and
contact information of the person alleged to have coerced the debtor into
incurring the debt; and
(4) A statement indicating the number of
times the debtor has previously asserted the affirmative defense of coerced
debt in any action or proceeding before a court in this State or any other
state, including whether each such assertion was successful or unsuccessful;
and
(b) A copy of at least one of the following
documents:
(1) A police report, investigative report
or complaint which the debtor filed with a law enforcement agency that is
relevant to establishing that the debt is a coerced debt;
(2) A report filed with the Federal Trade
Commission indicating that the debtor is a victim of identity theft; or
(3) A temporary or extended order for
protection against domestic violence issued by a court of competent
jurisdiction or other court record that is relevant to establishing that the
debt is a coerced debt.
3. If the court determines that the debt
identified by the debtor pursuant to subparagraph (1) of paragraph (a) of
subsection 2 constitutes a coerced debt:
(a) The court shall order the creditor to
immediately cease all collection efforts related to the coerced debt and, if
applicable, to take reasonable steps to correct any consumer credit report or
similar record to reflect that the debt is a coerced debt;
(b) The creditor may join any third party who is
or may be liable for the coerced debt or amend its complaint to assert a claim
against any such person; and
(c) The debtor is entitled to recover from the
person who coerced the debtor into incurring the coerced debt reasonable
attorney
s fees and costs, but may not recover such fees and costs from the
creditor.
4. If the debtor believes that providing
the information required by subparagraph (3) of paragraph (a) of subsection 2
is likely to result in abuse to the debtor or an immediate family member of the
debtor, the debtor may, in lieu of providing the information, submit to the
court a statement, signed and sworn to or affirmed by the debtor, that such
disclosure is likely to result in abuse to the debtor or an immediate family
member of the debtor.
5. As used in this section:
(a)
Coerced debt
means an unsecured consumer
debt or any part thereof incurred for personal, family or household purposes as
a result of fraud, duress, intimidation, threat of force or undue influence in
the name of a debtor who is a victim of:
(1) Sex trafficking as defined in NRS 201.300 ; or
(2) Domestic violence, if the alleged
perpetrator is a:
(I) Spouse or former spouse of the
debtor;
(II) Person who has a child in
common with the debtor;
(III) Person related by blood or
marriage to the debtor;
(IV) Person who is living with or
has lived with the debtor; or
(V) Person who was in a dating
relationship with the debtor at the time the debt was incurred.
(b)
Unsecured consumer debt
does not include a
credit instrument, as defined in NRS
463.01467 .
(c)
Victim
includes a person who alleges that
he or she is a victim of an act, regardless of whether or not the alleged
perpetrator of the act has been charged with or convicted of the act.
(Added to NRS by 2025,
1568 )
NRS 597.995 Limitations on agreements which include provision requiring
arbitration of disputes arising between parties.
1. Except as otherwise provided in
subsection 3, an agreement which includes a provision which requires a person
to submit to arbitration any dispute arising between the parties to the
agreement must include specific authorization for the provision which indicates
that the person has affirmatively agreed to the provision.
2. If an agreement includes a provision
which requires a person to submit to arbitration any dispute arising between
the parties to the agreement and the agreement fails to include the specific
authorization required pursuant to subsection 1, the provision is void and
unenforceable.
3. The provisions of this section do not
apply to an agreement that is a collective bargaining agreement. As used in
this subsection,
collective bargaining
has the meaning ascribed to it in NRS 288.032 .
4. The provisions of this section do not
apply to a provision in a will or trust instrument that requires the
arbitration of disputes which is enforceable pursuant to NRS 164.930 .
(Added to NRS by 2013,
568 ; A 2019,
1874 , 3744 )
NRS 597.996 Prohibited provisions relating to review, comment or statement
by consumer in form contract for purchase, lease or rental of consumer goods or
services; penalties; enforcement.
1. A seller or lessor of consumer goods or
services shall not:
(a) Include in any form contract or proposed form
contract with a consumer for the purchase, lease or rental of consumer goods or
services any provision that:
(1) Limits or requires the consumer to
waive his or her rights to provide a review, comment or other statement concerning
the consumer goods or services or the seller or lessor;
(2) Imposes a penalty on the consumer for
providing such a review, comment or other statement; or
(3) Declares that the provision of such a
review, comment or other statement by the consumer is a breach of the form
contract;
(b) Enforce or threaten to enforce a provision
described in paragraph (a); or
(c) Refuse or threaten to refuse to enter into a
form contract with a consumer solely because the consumer does not agree to the
inclusion in the form contract of a provision described in paragraph (a).
2. Any provision that is included in a
form contract with a consumer for the purchase, lease or rental of consumer
goods or services in violation of subsection 1, with or without consideration,
is against public policy and is void and unenforceable.
3. Any person who violates subsection 1 is
guilty of a misdemeanor and, in addition to any criminal penalty, is liable
for:
(a) A civil penalty of not more than:
(1) For the first violation, $2,500;
(2) For the second or subsequent
violation, $5,000 for each violation; and
(3) If the court finds that the violation
is reckless, willful or wanton, $10,000, in addition to the civil penalty set
forth in subparagraph (1) or (2); and
(b) The costs incurred to recover the civil
penalty, including, without limitation:
(1) The costs, if any, of conducting an
investigation into the violation;
(2) Reasonable costs specified in NRS 18.005 ; and
(3) Reasonable attorney
s fees.
4. An action to recover the civil penalty
may be brought by the consumer, the Attorney General or a district attorney or
city attorney, as appropriate. The action may be instituted in any court of
competent jurisdiction in the city or county in which either party resides, the
defendant can be found or in which the violation occurred.
5. Any money awarded by a court pursuant
to this section must be awarded to the person or governmental entity that
brought the action.
6. The civil remedy provided by this
section is in addition to, and not exclusive of, any other available remedy or
penalty.
7. This section does not prohibit a person
who maintains an online forum, including, without limitation, an Internet website,
from removing from the forum any statement that the person is lawfully entitled
to remove.
8. Nothing in this section shall be
construed as affecting:
(a) Any duty of confidentiality imposed by law;
or
(b) Any civil cause of action for defamation,
libel, slander or any similar cause of action.
9. As used in this section:
(a)
Consumer
means a natural person.
(b)
Consumer goods or services
has the meaning
ascribed to it in NRS 598.170 .
(c)
Form contract
means a contract or agreement
with standardized terms that is:
(1) Used by a seller or lessor in the
course of selling, leasing or renting consumer goods or services of the seller
or lessor; and
(2) Imposed on a consumer without a
meaningful opportunity for the consumer to negotiate the standardized terms.
(d)
Lessor
means a lessor and any agent or
employee of the lessor.
(e)
Seller
means a seller and any agent or
employee of the seller.
(Added to NRS by 2017,
1734 )
NRS 597.997 Prohibition on certain offers to lease living animal or goods
intended for personal, family or household use; federal Truth in Lending Act
applicable to retail installment contract for sale of living animal or goods
intended for personal, family or household use; failure to comply constitutes
deceptive trade practice; violation constitutes consumer fraud.
1. A person shall not offer to lease any
living animal or goods intended for personal, family or household use,
including, without limitation, pets, tires, batteries and hearing aids, if the
living animal or good is expected to have not more than a de minimis residual
financial value at the end of the term of the lease or contract.
2. Any retail installment contract for the
sale of any living animal or goods intended for personal, family or household
use, including, without limitation, pets, tires, batteries and hearing aids, is
subject to the provisions of the Truth in Lending Act, 15 U.S.C.
1601 et
seq., and any regulations adopted pursuant thereto.
3. The failure of a person to comply with
this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999 , inclusive.
4. A violation of this section constitutes
consumer fraud for the purposes of NRS
41.600 .
5. The provisions of this section do not
apply to any lease or contract on furniture or household electronics.
6. As used in this section:
(a)
Goods
has the meaning ascribed to it in NRS 104.2105 .
(b)
Household electronics
means electronic
devices, personal effects and property of an electronic nature used or to be
used in a dwelling.
(c)
Residual financial value
means the amount
the living animal or good is worth at the end of the term of the lease or
contract and includes, without limitation, the salvage value of the living
animal or good.
(d)
Retail installment contract
has the meaning
ascribed to it in NRS 97.105 .
(e)
Salvage value
means the amount expected to
be obtained when the living animal or good is disposed of at the end of its
useful life.
(Added to NRS by 2017,
1735 )
NRS 597.998 Prohibited acts relating to sale, preparation, distribution or
advertisement of kratom products or products containing kratom.
1. A person shall not knowingly sell or
offer to sell any material, compound, mixture or preparation containing a
kratom product to a child under the age of 18 years.
...
A person shall not knowingly prepare,
distribute, advertise, sell or offer to sell a kratom product that is
adulterated with a substance that affects the quality or strength of the kratom
product to such a degree as to render the kratom product injurious to a
consumer. A person has not violated the provisions of this subsection if he or
she can show by a preponderance of evidence that he or she relied in good faith
upon the representations of a manufacturer, processor, packer or distributor of
the kratom product.
...
A person shall not sell a kratom
product that does not have a label that clearly sets forth the ingredients and
directions for the safe and effective use of the kratom product.
...
means any product or ingredient containing:
(a) Any part of the leaf of the Mitragyna
Speciosa plant if the plant contains the alkaloid mitragynine or
7-hydroxymitragynine; or
(b) A synthetic material that contains the
alkaloid mitragynine or 7-hydroxymitragynine,
regardless
of whether the product or ingredient is labeled or sold for human consumption.

(89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672
3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-
indolizine]-7'-yl)-3-methoxyacrylate (commonly known as
mitragynine pseudoindoxyl) including its isomers, esters,
...
(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673
...
15; also known as dihydro-7-hydroxymitragynine) including its
...
(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674
...
(commonly known as MGM-16; also known as 9-fluoro-dihydro-7-
hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine

The substances [7-hydroxymitragynine] and [mitragynine
pseudoindoxyl] be controlled in schedule I [pursuant to 21 U.S.C.
811(h)] when either substance alone, or their combined amount if both
present, is:
(A) Above a specified threshold concentration, that is, greater
than 1 mg per gram (for solid powders, encapsulated material, or other
solid forms) or greater than 1 mg per milliliter (for liquid
preparations), OR
(B) The mass of mitragynine present divided by the mass of [7-
hydroxymitragynine], or [mitragynine pseudoindoxyl], or the combined
amount of [7-hydroxymitragynine] and [mitragynine pseudoindoxyl] if
both present, is less than 100.
...
The temporary scheduling order will be published in the Federal
Register on or after November 13, 2026.