Nev. Rev. Stat. § 369.4891 — Retail sale of alcoholic beverages by covered food establishment for delivery and consumption off premises; conditions; Department to adopt regulations governing surcharge for each retail sale; use of revenue collected from surcharge

NRS  369.4891    Retail sale of alcoholic beverages by covered food establishment
for delivery and consumption off premises; conditions; Department to adopt
regulations governing surcharge for each retail sale; use of revenue collected
from surcharge.
1.  The board of county commissioners of a
county and the governing body of an incorporated city may enact an ordinance
authorizing, under such conditions as may be imposed by the ordinance:
(a) A covered food establishment to sell at
retail an alcoholic beverage in a container sealed by the covered food
establishment for consumption off the premises; and
(b) A covered food establishment, or a delivery
support service acting on behalf of an establishment, to deliver an alcoholic
beverage in a container sealed by the covered food establishment to a consumer
in this State in connection with a retail sale of such an alcoholic beverage.
2.  The Department shall adopt regulations
that provide for the imposition and collection of a surcharge, not to exceed 50
cents for each retail sale of an alcoholic beverage pursuant to subsection 1.
The revenues collected from the surcharge must be distributed:
(a) To the Department in an amount determined to
be necessary by the Department to pay the costs of the Department in carrying
out the provisions of this section, which must not exceed $250,000 each year; and
(b) If any money remains after the revenues are
distributed pursuant to paragraph (a), to the Account for the Ignition
Interlock and DUI Reduction Program created by NRS 484C.454 to be used for the purposes
specified in that section.
3.  Except as otherwise provided in an
ordinance enacted pursuant to subsection 1, the provisions of this chapter
governing the transport of liquor, including, without limitation, the
provisions which authorize the transport of liquor for delivery only by a
person who holds a license issued under this chapter, do not apply to a
delivery made pursuant to an ordinance enacted pursuant to subsection 1.
4.  The provisions of this section do not:
(a) Require the Commission on Postsecondary
Education created by NRS 394.383 to
alter the curriculum developed pursuant to NRS
369.625 or any requirements relating to the certification of an alcoholic
beverage awareness program pursuant to that section.
(b) Abrogate, alter or otherwise affect any
requirement set forth in NRS 369.489 or
the regulations adopted pursuant thereto governing the delivery of liquor in
its original package by a retail liquor store or a delivery support service
acting on behalf of a retail liquor store.
5.  As used in this section:
(a) “Alcoholic beverage” has the meaning ascribed
to it in NRS 202.015 .
(b) “Covered food establishment” means a food
establishment, as defined in NRS 580.050 ,
that:
(1) Prepares and serves food on the
premises for consumption on or off the premises; and
(2) Is licensed to sell at retail
alcoholic beverages for consumption on the premises.

ENFORCEMENT AND PENALTIES