Amendment vs bill Amendment 758 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Senate Bill No.
Session (80th) A SB345 R1 758 Amendment No.
345–Senator Settelmeyer Joint Sponsors:
758 Assembly Amendment to Senate Bill No.
Assemblymen Titus, Wheeler, Tolles;
345 First Reprint (BDR 52-980) Proposed by:
and Ellison CHAPTER..........
Assembly Committee on Commerce and Labor Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
Yes Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JFD/BJF - Date:
5/21/2019 S.B.
No.
345—Revises provisions governing estate distilleries.
(BDR 52-980) Page 1 of 10 *A_SB345_R1_758* Assembly Amendment No.
758 to Senate Bill No.
345 First Reprint Page 3 SENATE BILLN O.
345–SENATOR SETTELMEYER M ARCH 18,2019 _______________ JOINT SPONSORS :
ASSEMBLYMEN TITUS, WHEELER [;] , OLLES ;AND E LLISON _______________ Referred to Committee on Revenue and Economic Development SUMMARY—Revises provisions governing estate distilleries.
(BDR 52-980) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law provides for the operation of brew pubs, estate distilleries and wineries.
Existing law provides for the operation of brew pubs, estate distilleries and wineries.
(NRSSection 2 of this bill authorizes an estate distillery to blend and distill wines and malt beverages, provided such wines and malt beverages are acquired from a licensed brew pub or winery in this State meeting certain requirements.
(NRS 597.237) Section 2 of this bill [removes the requirement that none of the spirits manufactured at an estate distillery be derived from neutral or distilled spirits manufactured by another manufacturer.
Sections 1.3-2.9 of this bill authorize an estate distillery to receive from a licensed wholesale dealer of liquor, brew pub or winery in this State meeting certain requirements, in bulk, wine or malt beverages for the purpose of distillation and blending.
Section 2 also] authorizes an estate distillery to blend and distill wines and malt beverages, provided such wines and malt beverages are acquired from a licensed brew pub or winery in this State meeting certain requirements.
Sections [1.5, 2, 2.3, 2.5 and 2.7] 1.3-2.9 of this bill authorize an estate distillery to receive from a licensed wholesale dealer of liquor, brew pub or winery in this State meeting certain requirements, in bulk, wine or malt beverages for the purpose of distillation and blending.
(1) winery to an estate distillery only if no licensed wholesale dealer of liquor is able or willing to make the transfer and a special permit for the transportation of the wine or malt beverages is obtained under existing law from the Department of Taxation.
(1) by a licensed wholesale dealer of liquor;
or (2) directly by a licensed brew pub or winery to an estate distillery only if no licensed wholesale dealer of liquor is able or willing to make the transfer and a special permit for the transportation of the wine or malt beverages is obtained under existing law from the Department of Taxation.
spirits to a supplier.
Assembly Amendment No.
Existing law provides that any such transfer is taxable onlytilled when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State.
758 to Senate Bill No.
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345 First Reprint Page 4 a supplier.
Existing law provides that any such transfer is taxable only when the neutral orrits to distilled spirits are rectified and bottled in original packages for sale within this State.
- 80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sec.
Section 1.
(Deleted by amendment.) Sec.
Except as otherwise provided in subsection 4, a person who operates one or more brew pubs pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying wit(a) Manufacture and store malt beverages on the premises of one or more of the brew pubs and:
Except as otherwise provided in subsection 4, a person who operates one or more brew pubs pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:
(a) Manufacture and store malt beverages on the premises of one or more of the brew pubs and:
- 80th Session (2019) – 3 – (2) Donate for charitable or nonprofit purposes and, for the purposes of the donation, transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(2) Donate for charitable or nonprofit purposes and, for the purposes of the donation, transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(3) Transfer in bulk the malt beverages manufactured on the premises:
(3) Transfer in bulk the malt beverages manufactured on the premises :
(I) To a person holding a valid wholesale wine and pursuant to chapter 369 of NRS for the purpose of transferring in bulk the malt beverages to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237;
(I) To a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the malt beverages to an estate distillery Assembly Amendment No.
or (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the malt beverages pursuant to sub- subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
758 to Senate Bill No.
(b) Manufacture and store malt beverages on the premises of one or more of the brew pubs and transport the malt beverages manufactured on the premises to a retailer, other than a person who operates a brew pub pursuant to this section, that holds a valid license pursuant to chapter 369 of NRS for the purpose of selling the malt beverages at a special event in accordance with the terms and beverages obtained from the Department of Taxation pursuant toalt subsection 4 of NRS 369.450.
345 First Reprint Page 5 for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237;
or (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the malt beverages pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 [.] and must be performed in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(b) Manufacture and store malt beverages on the premises of one or more of the brew pubs and transport the malt beverages manufactured on the premises to a retailer, other than a person who operates a brew pub pursuant to this section, that holds a valid license pursuant to chapter 369 of NRS for the purpose of selling the malt beverages at a special event in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
- 80th Session (2019) – 4 – 4.
4.
(c) Complies withwith reanyremotherof applicableer;governmental requirements.
(b) Complies with the requirements of this chapter;
and (c) Complies with any other applicable governmental requirements.
or (3) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or after October 1, 2015, if 25 percent or more of the wine produced, blended or aged by the win(c) Except as otherwise provided in paragraphs [(f) and (g),] (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.
or (3) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or after October 1, 2015, if 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown in this State.
[(c)] (d) In any calendar year, manufacture for exportation to another state, not more than a combined total of 400,000 cases of spirits at all the estate distilleries the person operates.
(c) Except as otherwise provided in paragraphs [(f) and (g),] (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.
Assembly Amendment No.
758 to Senate Bill No.
345 First Reprint Page 6 [(c)] (d) In any calendar year, manufacture for exportation to another state, not more than a combined total of 400,000 cases of spirits at all the estate distilleries the person operates.
[(e)] (f) On the premises of the estate distillery, sell the spirits manufactured at the estate distillery at retail for consumption on or - 80th Session (2019) – 5 – off the premises.
[(e)] (f) On the premises of the estate distillery, sell the spirits manufactured at the estate distillery at retail for consumption on or off the premises.
transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
[(f)] (g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1), (2) or (3) of paragraph (b), or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS Wine and malt beverages so received are taxable only when theing.
(i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1), (2) or (3) of paragraph (b) , or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending.
wine and malt beverages are:
Wine and malt beverages so received are taxable only when the wine and malt beverages are:
- 80th Session (2019) – 6 – 4.
4.
and requirements.es with any other applicable governmental 2.
and (c) Complies with any other applicable governmental requirements.
2.
The person operating the estate distillery shall ensure that none of the spirits manufactured at the estate distillery are derived from neutral or distilled spirits manufactured by another [manufacturer.] manufacturer, except as authorized by paragraph (b).
The person operating the estate distillery shall ensure that none of the spirits manufactured at Assembly Amendment No.
758 to Senate Bill No.
345 First Reprint Page 7 the estate distillery are derived from neutral or distilled spirits manufactured by another [manufacturer.] manufacturer, except as authorized by paragraph (b).
(c) Except as otherwise provided in paragraphs [(f) and (g),] (g) and (h), in any calendar year, sell and transport in Nevada not more distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.
(c) Except as otherwise provided in paragraphs [(f) and (g),] (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.
The - 80th Session (2019) – 7 – total amount of such spirits sold at retail for off-premises consumption must not exceed 7,500 cases per year.
The total amount of such spirits sold at retail for off-premises consumption must not exceed 7,500 cases per year.
[(f)] (g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
[(f)] (g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1) or (2) of paragraph (b), or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending.
(i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1) or (2) of paragraph (b) , or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending.
packages for sale within this State;
(1) Distilled, blended or both, and bottled in original packages for sale within this State;
andnd bottled in original (2) Removed from the federally bonded premises of the estate distillery.
and (2) Removed from the federally bonded premises of the estate distillery.
4.
Assembly Amendment No.
758 to Senate Bill No.
345 First Reprint Page 8 4.
- 80th Session (2019) – 8 – Sec.
Sec.
(b) Import wine or juice from a winery that is located in another Tobacco Tax and Trade Bureau, to be fermented into wine or, ifl and already fermented, to be mixed with other wine or aged in a suitable cellar, or both.
(b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.
(c) Transfer in bulk wine produced, blended or aged by the winery:
(c) Transfer in bulk wine produced, blended or aged by the winery :
or (2) If there is no wholesaler who is able or willing to accept person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the wine obtained from the Department of Taxation pursuant to subsection of NRS 369.450.
or (2) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to subparagraph (1), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 [.] and must be performed in accordance with the terms and conditions of a special permit for the transportation of the wine obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
- 80th Session (2019) – 9 – (1) Sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.
(1) Sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.
(2) Transfer in bulk wine produced, blended or aged by the winery:
(2) Transfer in bulk wine produced, blended or aged by the winery :
or accept and transfer in bulk the wine pursuant to sub-or willing to subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.
or (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.
(a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.
Assembly Amendment No.
758 to Senate Bill No.
345 First Reprint Page 9 (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.
The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bot6.es For the purposes of this section, an instructional wine- making facility is not a winery.
The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery.
6.
For the purposes of this section, an instructional wine-making facility is not a winery.
(b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if - 80th Session (2019) – 10 – already fermented, to be mixed with other wine or aged in a suitable cellar, or both.
(b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.
The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the win(b) Serve by the glass, on its premises, any alcoholic beverage.
The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.
(b) Serve by the glass, on its premises, any alcoholic beverage.
(2) Transfer in bulk wine produced, blended or aged by the winery:
(2) Transfer in bulk wine produced, blended or aged by the winery :
or (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub- subparagraph (I), to a person holding a valid license to operate an purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.
or (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.
(a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.
Assembly Amendment No.
758 to Senate Bill No.
345 First Reprint Page 10 (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.
- 80th Session (2019) – 11 – 5.
5.
For the purposes of this section, an instructional wine- making facility is not a winery.
For the purposes of this section, an instructional wine-making facility is not a winery.
369.470 Wholesale dealers’ licenses shall permit the holders thereof to sell liquor to wholesalers, retailers and those instrumentalities of the Armed Forces of the United States specified in NRS 369.335 only anywhere in Nevada [.] , or to transfer malt beverages and wine to an estate distillery pursuant to NRS 597.230 is not the transaction of a bona fide wholesale business.
369.470 Wholesale dealers’ licenses shall permit the holders thereof to sell liquor to wholesalers, retailers and those instrumentalities of the Armed Forces of the United States specified in NRS 369.335 only anywhere in Nevada [.] , or to transfer malt beverages and wine to an estate distillery pursuant to NRS 597.230 and 597.240, respectively.
as a retailer Sec.
Sale by a wholesaler to itself as a retailer is not the transaction of a bona fide wholesale business.
Sec.
This section and sections 1.3, 1.5, 2, 2.5, 2.8 and 2.9 of this act become effective on July 1, 2019.
This section and sections 1.3, 1.5, 2 , [and] 2.5 , 2.8 and 2.9 of this act become effective on July 1, 2019.
~~~~~ 19 - 80th Session (2019)