AB 207 — Provides that certain businesses which offer goods or services through an Internet website, mobile application or other electronic medium are places of public accommodation. (BDR 54-567)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

207207–Assemblymen ASSEMBLYWatts; BILL NO .

207–ASSEMBLYMENAnderson, WFlores, ATTS;González, Nguyen and Peters CHAPTER..........

ANDERSON , FLORES , GONZÁLEZ , NGUYEN AND P ETERS M ARCH 8, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Provides that certain businesses which offer goods or services through an Internet website, mobile application or other electronic medium are places of public accommodation.

(BDR 54-567) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

expanding the definition of “place of public accommodation” to include a business which offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium and which is not operated fromin conjunction with a physical location inwhich thisis State;open to the public;

(NRS 651.070) A person who withholds, denies or deprives any other person of this right, intimidates, threatens or coerces any other person for the purpose of interfering with this right or punishes any other person for exercising this right is guilty of a misdemeanor and is liable to public accommodation” to include certain specified establishments and places and any other establishment or place to which the personpublic is invited or which is intended for damages.public use.

(NRS 651.080,651.050) 651.090)Section Existing1 lawof definesthis bill expands the definition of “place of public accommodation” to include any otheronline establishmentestablishment, which is defined in section 1 as a business, whether or placenot toconducted for profit, which offers goods or services to the general public isin invitedthis orState through an Internet website, mobile with a physical location which is intendedopen forto the public.ot operated in conjunction Existing law exempts from the provisions governing places of public use.accommodation certain private clubs and other establishments not in fact open to the public.

(NRS 651.050)651.060) Section 12 of this bill expandsadditionally theexempts definitionfrom ofsuch “placeprovisions ofa publicprivate accommodation” to include any online establishment,discussion forum, which is defined in section 12 asto amean business,an whetheronline orforum with not conductedmore forthan profit,1,000 whichmembers offersthat goodsis oroperated servicesfor to the generalprimary publicexpressive inassociation thisand Statewhose throughoperator andoes Internetnot website,regularly mobilereceive -certain *AB207_R1*right –of 2payments – application or other electronic medium and which is not operated from anonmembers. physical location in this State.

accommodation- certain81st privateSession clubs(2021) and– other2 establishments– notEXPLANATION in– factMatter openin tobolded theitalics public.is new;

(NRSmatter 651.060)between Sectionbrackets 2[omitted ofmaterial] this bill additionally exempts from such provisions a private online discussion forum, which is definedmaterial in section 2 to meanbe anomitted. online forum with not more than 1,000 members that is operated for the primary purpose of allowing its members to exercise their constitutionally protected right of payments from nonmembers.d whose operator does not regularly receive certain THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

3.conducted for profit, which:t” means a business, whether or not (a) Offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium;

“Onlineand establishment”(b) meansIs not operated in conjunction with a business,physical whetherlocation orwhich notis conductedopen forto profit,the which:public.

(a) Offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium;

and (b) Is not operated from a physical location in this State.

- *AB207_R1* – 3 – (f) Any bakery, grocery store, clothing store, hardware store, shoppingsho(g) centerAny laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an - 81st Session (2021) – 3 – accountant or otherlawyer, salespharmacy, insurance office, office of a provider of health care, hospital or rentalother service establishment;

(g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment;

(m)other Anyplace gymnasium,of healthexercise spa,or bowlingrecreation;ing alley, golf course or (n) Any other establishment or place ofto exercisewhich the public is invited or recreation;which is intended for public use;

(n)[and] (o) Any onlineestablishment establishment;physically containing or contained within any of the establishments described in paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of the described establishment [.

(o)4.] Any; other establishment or place to which the public is invited or which is intended for public use;

and [(o)] (p) Any establishmentonline that is operated from a physical location and physically [containing] contains or is contained within any of the establishments that are operated from a physical location described in paragraphs (a) to [(n),] (o), inclusive, and which holds itself out as serving patrons of the described establishment.

[4.] 5.

and (c) The operator of which does not regularly receive payment, directly or indirectly, from or on behalf of nonmembers for dues, - *AB207_R1* – 4 – fees, use of facilities or goods or services for the furtherance of trade or business.

H~~~~~ 21 - *AB207_R1*81st Session (2021)