Nev. Rev. Stat. § 370.521 — Sale and distribution of cigarettes, cigarette paper and tobacco, vapor and nicotine products to person under 21 years of age prohibited; age verification through enhanced controls; civil penalty; notice of civil infraction; denial of liability for civil infraction; payment and disposition of civil penalty

NRS  370.521    Sale and distribution of cigarettes, cigarette paper and
tobacco, vapor and nicotine products to person under 21 years of age
prohibited; age verification through enhanced controls; civil penalty; notice
of civil infraction; denial of liability for civil infraction; payment and
disposition of civil penalty.
1.  Except as otherwise provided in
subsections 2, 4 and 5, a person shall not sell, distribute or offer to sell
cigarettes, cigarette paper, any product containing, made or derived from
tobacco, any vapor product, any alternative nicotine product or any product
containing, made or derived from nicotine to any person under the age of 21
years.
2.  A person shall be deemed to be in
compliance with the provisions of subsection 1 if, before the person sells,
distributes or offers to sell to another any item described in subsection 1,
the person:
(a) Demands that the other person present a valid
driver’s license, permanent resident card, tribal identification card or other
written or documentary evidence which shows that the other person is 21 years
of age or older;
(b) Is presented a valid driver’s license, permanent
resident card, tribal identification card or other written or documentary
evidence which shows that the other person is 21 years of age or older; and
(c) Reasonably relies upon the driver’s license,
permanent resident card, tribal identification card or other written or
documentary evidence presented by the other person.
3.  Except as otherwise provided in this
subsection, a person shall not sell, distribute or offer to sell cigarettes,
cigarette paper or other tobacco products to any person under 40 years of age
without first performing age verification through enhanced controls that
utilize a scanning technology or other automated, software-based system to
verify that the person is 21 years of age or older. A person who violates this
subsection is liable for a civil penalty of $100 for each offense. The
provisions of this subsection do not apply to a person selling, distributing or
offering to sell cigarettes, cigarette paper or other tobacco products in a
face-to-face transaction that occurs in an area within a casino where loitering
by persons who are under 21 years of age is already prohibited pursuant to NRS 463.350 . As used in this subsection,
“casino” means an establishment which holds a nonrestricted license as defined
in NRS 463.0177 and which is operating
16 or more slot machines together with any other game, race book or sports
pool.
4.  The employer of a person who is under
21 years of age may, for the purpose of allowing the person to handle or
transport any item described in subsection 1 in the course of the person’s
lawful employment, provide an item described in subsection 1 to the person
under 21 years of age.
5.  The provisions of this section do not
apply to any product regulated by the United States Food and Drug
Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act,
21 U.S.C. §§ 351 et seq.
6.  A person who violates subsection 1 is
liable for a civil penalty of:
(a) For the first violation within a 24-month
period, $100.
(b) For the second violation within a 24-month
period, $250.
(c) For the third and any subsequent violation
within a 24-month period, $500.
7.  If an employee or agent of a licensee
has violated subsection 1:
(a) For the first violation within a 24-month
period at the same premises, the licensee is liable for a civil penalty of
$2,500.
(b) For the second violation within a 24-month
period at the same premises, the licensee is liable for a civil penalty of
$5,000.
(c) For the third violation within a 24-month
period at the same premises, the licensee is liable for a civil penalty of
$7,500.
(d) For the fourth and any subsequent violation
within a 24-month period at the same premises, the licensee is liable for a
civil penalty of $10,000.
8.  A peace officer or any person
performing an inspection pursuant to NRS
202.2496 may issue a notice of infraction for a violation of this section.
A notice of infraction must be issued on a form prescribed by the Department
and must contain:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment at which the
violation occurred;
(d) The signature of the person who issued the
notice of infraction;
(e) A copy of the section which allegedly is
being violated;
(f) Information advising the person to whom the
notice of infraction is issued of the manner in which, and the time within
which, the person must submit an answer to the notice of infraction; and
(g) Such other pertinent information as the peace
officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.
9.  A notice of infraction issued pursuant
to subsection 8 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 alleged in the notice.
10.  A person to whom a notice of
infraction is issued pursuant to subsection 8 shall respond to the notice by:
(a) Admitting the violation stated in the notice
and paying to the State of Nevada the applicable civil penalty set forth in
subsection 3, 6 or 7.
(b) Denying liability for the infraction by
notifying the Department and requesting a hearing in the manner indicated on the
notice of infraction. Upon receipt of a request for a hearing pursuant to this
paragraph, the Department shall provide the person submitting the request an
opportunity for a hearing pursuant to chapter
233B of NRS.
11.  Any money collected by the State of
Nevada from a civil penalty pursuant to this section must be deposited in a
separate account in the State General Fund to be used for the enforcement of
this section and NRS 202.2493 and 202.2494 .
12.  As used in this section, “licensee”
means a person who holds a license issued by the Department pursuant to this
chapter.