Nev. Rev. Stat. § 369.630 — Completion of certified program by certain employees of establishment: Duties of owner or operator of establishment; notice of civil infraction; payment and disposition of civil fine; denial of liability for infraction; applicability of provisions

NRS  369.630    Completion of certified program by certain employees of
establishment: Duties of owner or operator of establishment; notice of civil
infraction; payment and disposition of civil fine; denial of liability for
infraction; applicability of provisions.
1.  Except as otherwise provided in
subsection 7, on and after July 1, 2007, a person who owns or operates an
establishment shall not:
(a) Hire a person to sell or serve alcoholic
beverages or perform the duties of a security guard at the establishment
unless:
(1) The person hired to sell or serve
alcoholic beverages or perform the duties of a security guard at the
establishment has already successfully completed a certified program and
already holds a valid alcohol education card; or
(2) The person who owns or operates the
establishment ensures that the person hired to sell or serve alcoholic
beverages or perform the duties of a security guard at the establishment,
within 30 days after the date on which he or she is hired, successfully completes
a certified program and obtains a valid alcohol education card; or
(b) Continue to employ a person who was hired
before that date to sell or serve alcoholic beverages or perform the duties of
a security guard at the establishment unless:
(1) The person who continues to be
employed to sell or serve alcoholic beverages or perform the duties of a
security guard at the establishment has already successfully completed a
certified program and already holds a valid alcohol education card; or
(2) The person who owns or operates the
establishment ensures that the person who continues to be employed to sell or
serve alcoholic beverages or perform the duties of a security guard at the
establishment, not later than July 31, 2007, successfully completes a certified
program and obtains a valid alcohol education card.
2.  A violation of this section is a civil
infraction, and when an owner or operator of an establishment is found in
violation pursuant to subsection 3, a notice of infraction must be issued on a
form prescribed by the Department, and must contain, without limitation, the
following information:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment and the owner;
(d) The signature of the person who issued the
notice of infraction;
(e) A copy of this section which allegedly is
being violated;
(f) Information which advises of the manner in
which, and the time within which, the notice of infraction must be answered;
and
(g) Any other reasonable information which is
prescribed by the Department.
3.  The notice of infraction may be issued
by any peace officer or by any person who is authorized by the Department to
issue such a notice. A duplicate of the notice of infraction must be served on
the person to whom it is issued either in person, by providing the notice to
the person in charge of the establishment at the time the notice of infraction
is issued, or by affixing the notice to the establishment in a conspicuous
place.
4.  The notice of infraction or a facsimile
thereof must be filed with the Department and retained by the Department and is
deemed to be a public record of matters which are observed pursuant to a duty
imposed by law and is prima facie evidence of the facts which are alleged
therein.
5.  A person who responds to the notice of
infraction must:
(a) Admit the commission of the infraction by
paying to the Department the appropriate civil fine:
(1) For the first violation within a
24-month period, $500.
(2) For the second violation within a
24-month period, $1,000.
(3) For the third and any subsequent
violation within a 24-month period, $5,000.
(b) Deny liability for the infraction by
notifying the Department and requesting a hearing in the manner indicated on
the notice of infraction. Upon receipt of such a request, the Department shall
afford to the person making the request an opportunity for a hearing pursuant
to the provisions of NRS 233B.121 .
6.  Of the money collected by the
Department from a civil fine pursuant to subsection 5:
(a) Fifty percent must be deposited with the
State Treasurer for credit to the Account for Aid for Victims of Domestic or
Sexual Violence created by NRS 217.440 .
(b) Fifty percent must be deposited in the
account created in the State General Fund for the support of community juvenile
justice programs and must be used only to enforce laws that prohibit the
purchase, consumption or possession of alcoholic beverages by persons under the
age of 21 years.
7.  The provisions of this section apply
only in a jurisdiction that:
(a) Is located in a county whose population is
100,000 or more; or
(b) Is located in a county whose population is
less than 100,000, if the governing body of the jurisdiction has, by the
affirmative vote of a majority of its members, agreed to be bound by the
provisions of this section.
8.  As used in this section:
(a) “Certified program” means an alcoholic
beverage awareness program certified by the Commission pursuant to NRS 369.625 .
(b) “Valid alcohol education card” means a card
issued by a certified program which has been obtained or renewed within the
immediately preceding 4 years.