Nev. Rev. Stat. § 370.698 — Suspension, revocation and reinstatement of license of wholesale dealer whose license is suspended or revoked in another state; denial of listing in, removal from and reinstatement to directory of nonparticipating manufacturer and its brand families and styles of cigarettes

NRS  370.698    Suspension, revocation and reinstatement of license of wholesale
dealer whose license is suspended or revoked in another state; denial of
listing in, removal from and reinstatement to directory of nonparticipating
manufacturer and its brand families and styles of cigarettes.
1.  The license of a wholesale dealer may
be suspended or revoked if a similar license of the wholesale dealer is
suspended or revoked in any other state based on an act or omission that would,
if the act or omission had occurred in this State, be grounds for the suspension
or revocation of the license of the wholesale dealer pursuant to NRS 370.595 , unless the wholesale dealer
demonstrates that the suspension or revocation of its license in the other
state was effected without due process. A wholesale dealer whose license is
suspended or revoked in this State pursuant to this subsection is eligible for
reinstatement upon the earlier of the date on which the violation in the other
state is cured or the date on which the license of the wholesale dealer is
reinstated in the other state.
2.  A nonparticipating manufacturer and its
brand families and styles of cigarettes may be denied listing in the directory
or removed from the directory for any of the following reasons:
(a) The nonparticipating manufacturer is removed
from the directory of another state based on an act or omission that would, if
the act or omission had occurred in this State, be grounds for the removal of
the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675 , unless the nonparticipating
manufacturer demonstrates that its removal from the directory of the other
state was effected without due process. A nonparticipating manufacturer that is
removed from the directory of this State pursuant to this paragraph is eligible
for reinstatement to the directory upon the earlier of the date on which the
violation in the other state is cured or the date on which the nonparticipating
manufacturer is reinstated to the directory of the other state.
(b) The nonparticipating manufacturer is
convicted of any crime relating to the manufacture, sale or distribution of
tobacco products in this State or another state.
(c) The nonparticipating manufacturer fails to
report the existence or result, including any conviction, of any investigation
of the nonparticipating manufacturer which is known to the nonparticipating
manufacturer regarding the commission of any crime relating to the manufacture,
sale or distribution of tobacco products in this State or another state.
(d) The nonparticipating manufacturer fails to
report any investigation of the nonparticipating manufacturer which is known to
the nonparticipating manufacturer regarding any violation of the laws of any
other state based on an act or omission that would, if the act or omission had
occurred in this State, be grounds for the removal of the nonparticipating
manufacturer from the directory of this State pursuant to NRS 370.675 .
(e) The nonparticipating manufacturer knowingly
makes a false, material statement in any report, filing or other communication
provided to this State pursuant to this chapter or chapter 370A of NRS.
(f) The nonparticipating manufacturer has a
shortfall or fails to make an escrow deposit that is due in another state or
territory of the United States, has been given reasonable notice of the
shortfall or failure and has failed to cure the shortfall or make the deposit
within 30 days after receiving notice of the shortfall or failure.
(g) In any calendar year the total nationwide
sales of cigarettes on which federal excise tax is paid by the nonparticipating
manufacturer exceeds by more than 5 percent the amount of such sales reported
in:
(1) Any nationwide report made by the
nonparticipating manufacturer or any importer pursuant to 15 U.S.C. §§ 375 et
seq.;
(2) Any interstate report required by law;
or
(3) Any intrastate report required by law,
Ê unless the
nonparticipating manufacturer cures the discrepancy or provides a satisfactory
explanation of the discrepancy within 30 days after receiving notice of the discrepancy.
3.  The provisions of NRS 233B.121 to 233B.150 , inclusive, apply to:
(a) The suspension or revocation of the license
of a wholesale dealer pursuant to subsection 1; and
(b) The removal of a nonparticipating
manufacturer and its brand families and styles of cigarettes from the directory
pursuant to subsection 2.