Nev. Rev. Stat. § 369.4863 — Transfers of liquor between affiliated retail liquor stores; notification of boundaries of marketing areas

NRS  369.4863    Transfers of liquor between affiliated retail liquor stores;
notification of boundaries of marketing areas.
1.  Except as otherwise provided in NRS 369.4865 , a retail liquor store may
receive and store liquor and transfer an original package of liquor to another
retail liquor store, and that other retail liquor store may receive the
original package of liquor pursuant to the transfer, if:
(a) Each retail liquor store is in the marketing
area of the wholesale dealer that holds the franchise for the brand of liquor
purchased as indicated by the forms filed by the wholesale dealer with the
Department;
(b) The retail liquor store obtains a special
permit for the transportation pursuant to subsection 4 of NRS 369.450 ; and
(c) The initial retail liquor store:
(1) Obtained the original package of
liquor in compliance with the provisions of this chapter and chapter 597 of NRS; and
(2) Is an affiliate of the retail liquor
store that receives the transfer.
2.  A transfer of an original package of
liquor between retail liquor stores which are not located within the same
marketing area may occur only if:
(a) The wholesale dealers in the marketing areas
where the retail liquor stores are located:
(1) Are affiliates;
(2) Consent, in writing, to the transfer;
and
(3) Hold the franchises for the brands of
liquor purchased in each marketing area involved in the transfer;
(b) The retail liquor store obtains a special
permit for the transportation pursuant to subsection 4 of NRS 369.450 ; and
(c) The initial retail liquor store:
(1) Obtained the original package of
liquor in compliance with the provisions of this chapter; and
(2) Is an affiliate of the retail liquor
store that receives the transfer.
3.  A transfer authorized by this section
shall not be deemed a sale.
4.  A retail liquor store that transfers or
receives an original package of liquor as authorized by this section:
(a) Shall not be deemed to be engaged in business
as a wholesale dealer based upon the transfer authorized by this section; and
(b) Shall not sell any original package of liquor
that has been transferred to any other wholesale dealer or retail liquor store.
5.  A wholesale dealer shall notify the
retail liquor stores located in the marketing area of the wholesaler dealer of
the boundaries of that marketing area.
6.  As used in this section:
(a) “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.
(b) “Franchise” has the meaning ascribed to it in
NRS 597.130 .
(c) “Liquor” does not include beer or malt-based
beverages, but does include flavored malt beverages if the supplier and the
wholesale dealer holding the franchise for such flavored malt beverages consent
in writing. As used in this paragraph, “flavored malt beverages” means flavored
malt beverages that are not marketed, merchandised or sold as beer.
(d) “Marketing area” has the meaning ascribed to
it in NRS 597.136 .
(e) “Retail liquor store” includes a facility
that is owned or operated by a retailer and is used for the temporary storage and
transfer of liquor pursuant to this section.