AB 363 — Revises provisions governing transient lodging. (BDR 20-636)

4.

“Hosting platform” means a person who, for a fee or other charge, provides on an Internet website an online platform that facilitates the rental of a residential unit or a room within a residential unit by an owner or lessee of the residential unit for the purposes of transient lodging, including, without limitation, through advertising, matchmaking or other means.

4.

“Hosting platform” means a person who, for a fee or that facilitates the rental of a residential unit or a room within a residential unit by an owner or lessee of the residential unit for the - 81st Session (2021) – 4 – through advertising, matchmaking or other means.t limitation, Sec.

and (b)2.) AccommodationsThe facilitators.ordinance adopted pursuant to subsection 1 must, without limitation:

2.

The ordinance adopted pursuant to subsection 1 must, without limitation:

(d) Prohibit the rental of a residential unit or a room within a res(e) Prohibit the rental of a residential unit thator isa locatedroom inwithin ana apartmentresidential building.unit for less than the minimum period for the residential unit.

(e) Prohibit the rental of a residential unit or a room within a residential unit for less than the minimum period for the residential unit.

(1) Is owner-occupied, the minimum period for the rental is 1 night.

- *AB363_R1* – 5 – (f) Establish requirements to ensure a minimum distance:

(1)- Of81st 660Session feet(2021) between– any5 residential– units offered for rent for the purposes of transient lodging, except for residential units in a multifamily dwelling, and any other minimum separation requirement the board determines is necessary;

(h) ExceptProhibit as otherwise provided in subsection 5, prohibit the issuance of an authorization pursuant to section 9 of this act:

(1) If the issuance would result in more than 10 percent of the residential units or rooms within the residential units in a multifamily dwelling being rented for the purposes of transient lodging or if the issuance would violate a prohibition against such rentals or a stricter limitation established by the owner of the multifamilymultif(2) dwelling;For a residential unit or a room within a residential unit that is located in a common-interest community, unless the governing documents of the community expressly authorize the rental of a residential unit or a room within a residential unit for the purposes of transient lodging.

or (2) For a residential unit or a room within a residential unit that is located in a common-interest community, unless the governing documents of the community expressly authorize the rental of a residential unit or a room within a residential unit for the purposes of transient lodging.

(l) Establish specific requirements for noise, trash and security for the rental of the residential unit or a room within the security residential unit for the purposes of transient lodging.

(n) Establish a schedule of civil penalties for violations of the ordinance adopted pursuant to subsection 1 by a holder of an authorization- and81st anSession accommodations(2021) facilitator.– 6 – imposed pursuant to such an ordinance:ilitator.

A civil penalty -(1) *AB363_R1*May – 6 – imposed pursuant to such an ordinance may not exceed $1,000 for a single violation or the nightly rental value of the residential unit or room within the residential unit, whichever is greater.greater;

(2) Is in addition to any other penalty provided by law;

and (3) May only be imposed against the holder of the authorization or the accommodations facilitator, as applicable, who has committed the violation.

The ordinance adopted pursuant to subsection 1 maymay, in addition to any other penalty provided by law, establish a schedule of civil penalties or fines to impose on a person who makes available a residential unit or room within a residential unit without holding an authorization issued pursuant to section 9 of this act.

If the ordinance includes a schedule of civil penalties of fines pursuant to this subsection, the board of county commissioners must establish standards for determining the amount of the civil penalty or fine which take into account, without limitation:

ExceptEvery as otherwise provided in subsection 5 of section 7 of this act, every person who makes available for rent a residential unit or a room within a residential unit for the purposespur(a) An authorization issued pursuant to section 9 of this act by the board of county commissioners of the county in which the transient lodging inis alocated countyor mustits hold:designee;

(a) An authorization issued pursuant to section 9 of this act by the board of county commissioners of the county in which the transient lodging is located or its designee;

The authorization and the state business license held by the person must be displayed in the residential unit and both the authorization number assigned by the county and the business identification number assigned by the Secretary of State pursuant to chapter 76 of NRS must be included in any listing or - 81st Session (2021) – 7 – advertisement for the rental of the residential unit or a room within the residential unit, including any listing or advertisement created by an accommodations facilitator.

Upon the request of a board of county commissioners or its designee, an accommodations facilitator shall report all current listings of a residential unit or a room within a residential unit that the accommodations facilitator brokers, coordinates, makes - *AB363_R1* – 7 – available or otherwise arranges for the rental of for the purpose of transient lodging.

ExceptA as otherwise provided in subsection 5 of section 7 of this act, a person who wishes to offer for rent a residential unit or a room within a residential unit for the purposes of transient lodging independently or using an accommodations facilitator must file a written application for an authorization with the agency, officer or department designated by the board of county commissioners in the ordinance and in the form set forth in the ordinance adopted pursuant to section 7 of this act.

3.the board of county commissioners or its designee may conduct, any necessary health, safety or fire inspection of the residential unit.

Before granting, denying or renewing an authorization, the board of county commissioners or its designee may conduct any necessary health, safety or fire inspection of the residential unit.

The conditions imposed by the board or designee must include, without limitation, provisions stipulating that the holder of the authorization is subject to the oversight and enforcement authority of the county and the local health authority,- law81st enforcementSession agency(2021) and– fire8 department– having jurisdiction in the county.county.agency and fire department having 5.

5.

- *AB363_R1* – 8 – (b) Maintain insurance which identifies that the property is used for transient lodging with a minimum liability coverage in an amount set forth in the ordinance adopted pursuant to section 7 of this act.

(d) Include educational information in the residential unit for any renters, which must include, without limitation, the occupancy limitations for the residential units, emergency telephonetelephoneccupancy numbers, the telephone number of the designated local representative, safety information, trash requirements, parking rules and noise regulations.

In accordance with the ordinance adopted pursuant to section 7 of this act, a board of county commissioners or its designee may:

SuspendExcept oras revokeotherwise anyprovided authorizationin issuedsubsection 2, in accordance with the ordinance adopted pursuant to section 97 of this actact, fora anyboard violation of thecounty ordinance;commissioners or its designee may:

section 9 of this act for any violation of the ordinance;t to (b) Impose a civil penalty on the holder of an authorization or an accommodations facilitator for a violation of any provision of the ordinance in accordance with the schedule of civil penalties set forth in the ordinance;

and (c) Impose a civil penalty or fine on a person who makes available a residential unit or a room within a residential unit without holding an authorization issued pursuant to section 9 of - 81st Session (2021) – 9 – this act in accordance with the schedule of civil penalties or fines set forth in the ordinance, if any.

ImposeA aboard civil penalty on the holder of ancounty authorizationcommissioners or anits accommodationsdesignee facilitatorshall fornot impose a violation of any provision of the ordinance in accordance with the schedule of civil penaltiespenalty seton: forth in the ordinance;

andordinance 3.committed by an accommodations facilitator;

Imposeorhe a(b) civilAn penaltyaccommodations orfacilitator finefor on a personviolation whoof makesthe availableordinance acommitted residentialby unit or a roomholder withinof a residential unit without holding an authorizationauthorization. issued pursuant to section 9 of this act in accordance with the schedule of civil penalties or fines set forth in the ordinance, if any.

Except as otherwise provided in subsection 2,4 of section 7 of this act, a board of county commissioners may impose additional requirements on a person or accommodations facilitator related to the rental of a residential unit or a room within a residential unit for purposes of transient lodging that are more restrictive than the provisions of sections 1.5 to 11, inclusive, of this act.

A board of county commissioners shallmay notimpose enacta civil penalty or enforcefine on a completeperson prohibitionor onaccommodations thefacilitator rentalfor a violation of aany residentialadditional unitrequirement orimposed on a roomperson withinor aaccommodations residentialfacilitator unitpursuant forto subsection 1 if the purposesadditional ofrequirement transientwas lodging.imposed on the person or accommodations facilitator who committed the violation.

- *AB363_R1* – 9 – 3.

A board of county commissioners may impose a civil penalty or fine on a person or accommodations facilitator for a violation of any additional requirement imposed on a person or accommodations facilitator pursuant to subsection 1.

Notwithstanding any other provision of law, if the board of county commissioners or its designee issues an authorization pursuant to section 9 of this act to authorize an owner, lessee or other lawful occupant of a residential unit or a room within a residential unit located in the county, or a manager of such a residential unit, to rent the residential unit or a room withinwit(a) theThe residentialboard unitof forcounty thecommissioners purposeshall ofrequire transientanlodging: lodging:

(a) The board of county commissioners shall require an accommodations facilitator who brokers, coordinates, makes available or otherwise arranges for the rental of a residential unit or a room within a residential unit in the county for the purpose of transient lodging to collect and remit to the county all taxes imposed on the gross receipts from the rental of the residential unit or a room within the residential unit in the county for the purpose of transient lodging;

2.- 81st Session (2021) – 10 – accommodations facilitator shall be deemed to be engaged in the business of providing transient lodging and to be the person providing the transient lodging solely for the purposes of imposing, collecting and remitting all taxes on the gross receipts from the rental of transient lodging.

For the purposes of paragraph (b) of subsection 1, the accommodations facilitator shall be deemed to be engaged in the business of providing transient lodging and to be the person providing the transient lodging solely for the purposes of imposing, collecting and remitting all taxes on the gross receipts from the rental of transient lodging.

(a) A hosting platform] an accommodations facilitator that facilitates the rental of a residential unit in the county or a room [or space] within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the county ofoft - *AB363_R1* – 10 – the information required by subsection 2 that is collected by the [hosting platform.] accommodations facilitator.

(c) May adopt an ordinance requiring an owner or lessee which uses [a hosting platform] an accommodations facilitator that facilitates the rental of a residential unit in the county or a room [or space] within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the county of any information required by subsection 2 regarding the rental that is not collected by the [hosting platform.] accommodations facilitator.facilitator.s 2.

2.

(d)- Current81st year-to-dateSession revenue(2021) collected– from11 all– rentals through the [hosting platform] accommodations facilitator in the county, disaggregated by owner or lessee;

(a) There is evidence sufficient to support a reasonable belief that a residential unit in the county or a room [or space] within such a residential unit has been rented or is being rented in violation of any law of this State or an ordinance adopted by the board of countycountyf commissioners of the county;

and (b) The subpoena identifies the rental alleged to be in violation of any law of this State or an ordinance adopted by the board of - *AB363_R1* – 11 – county commissioners of the county and the provision of law or ordinance allegedly violated.

(1) Provide notice of the subpoena to the user of the [hosting platform]identified accommodationsin facilitatorthe subpoena.cilitator who provided the rental identified(2) inProduce any subpoenaed books, papers or documents not later than 21 days after providing the subpoena.notice required by subparagraph (1) unless otherwise ordered by a court.

(2) Produce any subpoenaed books, papers or documents not later than 21 days after providing the notice required by subparagraph (1) unless otherwise ordered by a court.

[5.]- 6.81st Session (2021) – 12 – pursuant to an ordinance adopted pursuant to subsection 1 refuses to produce any document, record or material that the subpoena requires, the agency of the county issuing the subpoena may apply to the district court for the judicial district in which the county is located for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.

If a person to whom a subpoena has been issued pursuant to an ordinance adopted pursuant to subsection 1 refuses to produce any document, record or material that the subpoena requires, the agency of the county issuing the subpoena may apply to the district court for the judicial district in which the county is located for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.

(c) “Residential unit” [means a single-family residence or an individual residential unit within a larger building, including, without limitation, an apartment, condominium, townhouse or duplex.

- *AB363_R1* – 12 – Sec.

The definition adopted by the board [may] :

and [may] (b) May include rooms or spaces in any one or more of the following:

include rooms or spaces in any one or more of the [(a)] (1) Hotels;

- 81st Session (2021) – 13 – [(f)] (6) Vacation trailer parks;

and [(i)] (9) Any other establishment that rents rooms or spaces to temporarytem3. or transient guests.

3.

The provisions of sections 14.5 to 24, inclusive, of this act apply to a city whose population is 25,000 or more in a county whose population is 700,000 or more.

and - *AB363_R1* – 13 – (b) Owned or operated by a person who holds a nonrestricted license for gaming issued pursuant to NRS 463.170 or an affiliate of a person who holds a nonrestricted license for gaming.

(a)(b) “Affiliate”“Nonrestricted license” has the meaning ascribed to it inin3. NRS 463.0133.

(b) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

“Authorization” means a permit, license, registration or any other type of approval or authorization issued by- a81st citySession council(2021) or– other14 governing– body of an incorporated city or its designee to a person who, independently or using ananed city accommodations facilitator, makes available for rent a residential unit or a room within a residential unit for the purposes of transient lodging.

in the ordinance adopted pursuant to NRS 268.0195 by the cityt council or other governing body of an incorporated city to define the term “transient lodging” for the purpose of all taxes imposed by the city council or other governing body on the rental of transient lodging in the incorporated city.

19.

“Transient lodging” has the meaning ascribed to it in the ordinance adopted pursuant to NRS 268.0195 by the city council or other governing body of an incorporated city to define the term “transient lodging” for the purpose of all taxes imposed by the city council or other governing body on the rental of transient lodging in the incorporated city.

Sec.

- *AB363_R1* – 14 – (a) The rental of a residential unit or a room within a residential unit for the purposes of transient lodging in the incorporated city;

(a) Require the rental to meet the definition of “transient lodging” set forth in the ordinance adopted pursuant to NRS 268.0195incorporated bycity.ty the city council or other governing body of an (b) Set forth the requirements for an application for an authorization issued pursuant to section 22 of this act, including, without limitation, designating an agency, officer or department of the incorporated city.city to administer applications for authorizations.

(b) Set forth the requirements for an application for an authorization issued pursuant to section 22 of this act, including, without limitation, designating an agency, officer or department of the incorporated city to administer applications for authorizations.

and (2)- The81st minimumSession liability(2021) coverage– the15 holder– of an authorization must maintain for the residential unit.unit.f an (d) Prohibit the rental of a residential unit or a room within a residential unit that is located in an apartment building.

(d) Prohibit the rental of a residential unit or a room within a residential unit that is located in an apartment building.

(1) Is owner-occupied, the minimum period for the rental is 1 night.

and (2) Of 2,500 feet between any residential units offered for rent for the purposes of transient lodging and a resort hotel, as defined in NRS 463.01865.

(1) If the issuance would result in more than 10 percent of the residential units or rooms within the residential units in a multifamily dwelling being rented for the purposes of transient - *AB363_R1* – 15 – lodging or if the issuance would violate a prohibition against such rentals or a stricter limitation established by the owner of the multifamily dwelling;

or (2) For a residential unit or a room within a residential unit that is located in a common-interest community, unless the governing documents of the community expressly authorize the rental of a residential unit or a room within a residential unit for the purposes of transient lodging.

(k) Define “party” as a gathering of people that exceeds the maximum occupancy of the residential unit established by the city council- or81st governingSession body(2021) of– the16 incorporated– city pursuant to paragraph (g) and prohibit the use of the residential unit for parties, weddings, events or other large gatherings.

(n) Establish a schedule of civil penalties for violations of the ordinance adopted pursuant to subsection 1 by a holder of an authorization andor an accommodations facilitator.

A civil penalty imposed pursuant to such an ordinanceordinance: may not exceed $1,000 for a single violation or the nightly rental value of the residential unit or room within the residential unit, whichever is greater.

(1) May not exceed $1,000 for a single violation or the nightly rental value of the residential unit or room within the reside(2) Is in addition to any other penalty provided by law;

and (3) May only be imposed against the holder of the authorization or the accommodations facilitator, as applicable, who has committed the violation.

The ordinance adopted pursuant to subsection 1 maymay, in addition to any other penalty provided by law, establish a schedule of civil penalties or fines to impose on a person who makes available a residential unit or room within a residential unit without holding an authorization issued pursuant to section 22 of this act.

If the ordinance includes a schedule of civil penalties of fines pursuant to this subsection, the city council or other governing body of an incorporated city must establish standards for determining the amount of the civil penalty or fine which take into account, withoutwit(a) limitation:The severity of the violation;

(a)(b) TheWhether severitythe ofperson who committed the violation;violation acted in good faith;

- *AB363_R1* – 16 – (b) Whether the person who committed the violation acted in good faith;

Any ordinance or regulation- which81st isSession inconsistent(2021) with– this17 subsection– is null and void and the city council or other governing body of anans null and incorporated city shall repeal any such ordinance or regulation.

The ordinance adopted pursuant to subsection 1 must allow any person who has been lawfully issued a permit, license, registration or any other form of authorization from the city council or other governing body of the incorporated city or its designee before JanuaryJuly 1, 2022, to make available for rent a residential unit or a room within a residential unit for the purposes of transient lodging to continue to operate under his or her original authorization and any subsequent authorizations issued by the city council or other governing body of the incorporated city or its designee despite any provisions of the ordinance which may conflict with the location or type of residential unit, including, without limitation, any requirements adopted by the ordinance for the minimum distance between residential units.

The provisions of this subsection apply only to the original holder of a permit, license, registration or other form of authorization and do not transfer to subsequent owners or occupants of a residentialissued unitbefore July 1, 2022, shall be deemed an authorizationrization issued pursuant to section 22 of this act and may be suspended, terminated or roomrevoked withinon aor residentialafter unit.July 1, 2022, in accordance with the provisions of the ordinance adopted pursuant to subsection 1.

The authorization and the state business license held by the person must be displayed in the residential unit and both the authorization number issued by the incorporated city and the business identification number assigned by the Secretary of State pursuant to chapter 76 of NRS must be included in any listing orore advertisement for the rental of the residential unit or a room within the residential unit, including any listing or advertisement created by an accommodations facilitator.

- *AB363_R1* – 17 – 3.

Upon the request of a city council or other governing body of an incorporated city or its designee, an accommodations facilitator shall report all current listings of a residential unit or a room within a residential unit that the accommodations facilitator - 81st Session (2021) – 18 – brokers, coordinates, makes available or otherwise arranges for the rental of for the purpose of transient lodging.

A city council or other governing body of an incorporated city or its designee may require an accommodations facilitator to verify that a residential unit or room within a residential unit has been issued an authorization pursuant to section 22 of this actactt has before the accommodations facilitator may broker, coordinate, make available or otherwise arrange for the rental of a residential unit or a room within a residential unit for a fee.

The city council or other governing body of the incorporated city or its designee, as applicable, may grant or deny the authorization.

If the city council or governing body or itsitsdeny designee grants an authorization, the city council or governing body or its designee, as applicable, shall include such terms and conditions for the rental of the residential unit or a room within the residential unit for the purposes of transient lodging that the city council or governing body or its designee deems necessary for the health and safety of the residents of the incorporated city.

- *AB363_R1* – 18 – 5.

(a)- Pay81st anSession annual(2021) fee– for19 the– authorization in an amount established in the ordinance adopted by the city council or other governing body of the incorporated city pursuant to section 20 of this act.

(d) Include educational information in the residential unit for any renters, which must include, without limitation, the occupancy limitations for the residential unit, emergency telephone numbers, the telephone number of the designated local representative, safety information, trash requirements, parking rules and noise regulations.reg(e) Ensure that the address of the residential unit is clearly visible from the roadway.

(e) Ensure that the address of the residential unit is clearly visible from the roadway.

In accordance with the ordinance adopted pursuant to section 20 of this act, the city council or other governing body of an incorporated city or its designee may:

SuspendExcept oras revokeotherwise anyprovided authorizationin issuedsubsection 2, in accordance with the ordinance adopted pursuant to section 2220 of this act;act, the city council or other governing body of an incorporated city or its designee may:

(a) Suspend or revoke any authorization issued pursuant to section 22 of this act;

(b) Impose a civil penalty on the holder of an authorization or the ordinance in accordance with the schedule of civil penalties set forth in the ordinance;

and (c) Impose a civil penalty or fine on a person who makes available a residential unit or a room within a residential unit without holding an authorization issued pursuant to section 22 of this act in accordance with the schedule of civil penalties or fines set forth in the ordinance, if any.

ImposeA acity civilcouncil penaltyor onother thegoverning holderbody of an authorizationincorporated city or anits accommodationsdesignee facilitatorshall fornot impose a violation of any provision of the ordinance in accordance with the schedule of civil penaltiespenalty seton: forth in the ordinance;

and- 3.81st Session (2021) – 20 – (a) A holder of an authorization for a violation of the ordinance committed by an accommodations facilitator;

Impose a civil penalty or fine(b) onAn aaccommodations personfacilitator whofor makes available a residentialviolation unitof orthe aordinance roomcommitted withinby a residentialholder unitof without holding an authorizationauthorization. issued pursuant to section 20 of this act in accordance with the schedule of civil penalties or fines set forth in the ordinance, if any.

Sec.and subsection 4 of section 20 of this act, a city council or other governing body of an incorporated city may impose additional requirements on a person or accommodations facilitator related to the rental of a residential unit or a room within a residential unit for purposes of transient lodging that are more restrictive than the provisions of sections 14.5 to 24, inclusive of this act.

23.5.

1.

Except as otherwise provided in subsection 2, a city council or other governing body of an incorporated city may impose additional requirements on a person or accommodations - *AB363_R1* – 19 – facilitator related to the rental of a residential unit or a room within a residential unit for purposes of transient lodging that are more restrictive than the provisions of sections 14.5 to 24, inclusive of this act.

A city council or other governing body of an incorporated city shall not:not prohibit a person who has been lawfully issued a permit, license, registration or any other form of authorization from the city council or other governing body of an incorporated city or its designee before July 1, 2022, from continuing to operate under his or her original authorization due to a conflict with the provisions of the ordinance relating to the location or type of residential unit.

(a)The Enactprovisions orof enforcethis subsection do not prohibit a completecity prohibitioncouncil onor theother rentalgoverning ofbody afrom residentialsuspending, unitterminating or revoking an authorization issued before July 1, 2022, for a roomviolation withinof a residentialprovision unitof forthe ordinance other than those relating to the purposeslocation or type of transientresidential lodging;unit.

or (b) Prohibit a person who has been lawfully issued a permit, license, registration or any other form of authorization from the city council or other governing body of an incorporated city or its designee before January 1, 2022, from continuing to operate under his or her original authorization and any subsequent authorizations issued by the city council or other governing body of an incorporated city or its designee.

A boardcity council or other governing body of countyan commissionersincorporated city may impose a civil penalty or fine on a person or accommodations facilitator for a violation of any additional requirement imposed on a person or accommodations facilitator pursuantimposed toon subsectionthe 1.person or accommodations facilitator whowas committed the violation.

(a) The city council or other governing body of the incorporated city, as applicable, shall require an accommodations facilitator who brokers, coordinates, makes available or otherwise arranges for the rental of a residential unit or a room within a residential unit in the incorporated city for the purpose of transient- lodging81st toSession collect(2021) and– remit21 to– the incorporated city all taxes imposed on the gross receipts from the rental of the city all residential unit or a room within the residential unit in the incorporated city for the purpose of transient lodging;

- *AB363_R1* – 20 – 2.

The provisions of this section must not be interpreted or construed to, and the city council or other governing body of an incorporated city shall not, create,create,r expand or alter any other liability, duty, obligation or responsibility of the accommodations facilitator for, or relating to, the residential unit or a room within the residential unit.

The definition adopted by the governing body [may] :

(a) Of a city whose population is 25,000 or more in a county whose population is 700,000 or more must include residential units and rooms in residential units;

and [may] (b) May include rooms or spaces in any one or more of the following:fol[(a)] (1) Hotels;

[(a)] (1) Hotels;

[(g)]- (7)81st Campgrounds;Session (2021) – 22 – [(h)] (8) Parks for recreational vehicles;

[(h)] (8) Parks for recreational vehicles;

(a) InWhose population is 25,000 or more in a county whose population is 700,000 or more shall adopt an ordinance requiring [:

(a) A hosting platform] an accommodations facilitator that facilitates the rental of a residential unit in the incorporated city or a - *AB363_R1* – 21 – room or space within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the incorporated city of the information required by subsection 2 that is collected by the [hosting platform.] accommodations facilitator.

(b)an [An]incorporated Incity a county whose population is less than 25,000 in aor county whose population is 700,000 or more may adopt an ordinance requiring an accommodations facilitator that facilitates the rental of a residential unit in the county or a room within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the city of the information required by subsection 2 that is collected by the accommodations facilitator.

(c) May adopt an ordinance requiring an owner or lessee which uses [a hosting platform] an accommodations facilitator that facilitates the rental of a residential unit in the county or a room [or space] within such a residential unit for the purposes of transient lodging to submit a quarterly report to an agency of the incorporated city of any information required by subsection 2 regarding the rental that is not collected by the [hosting platform.] accommodations facilitator.fac2.

2.

(d)- Current81st year-to-dateSession revenue(2021) collected– from23 all– rentals through the [hosting platform] accommodations facilitator in the incorporated city, disaggregated by owner or lessee;

(a) There is evidence sufficient to support a reasonable belief that a residential unit in the incorporated city or a room [or space] within a residential unit has been rented or is being rented in - *AB363_R1* – 22 – violation of any law of this State or an ordinance adopted by the city council or governing body of the incorporated city;

(1) Provide notice of the subpoena to the user of the [hosting platform]identified accommodationsin facilitatorthe subpoena.cilitator who provided the rental identified(2) inProduce any subpoenaed books, papers or documents not later than 21 days after providing the subpoena.notice required by subparagraph (1) unless otherwise ordered by a court.

(2) Produce any subpoenaed books, papers or documents not later than 21 days after providing the notice required by subparagraph (1) unless otherwise ordered by a court.

- 81st Session (2021) – 24 – [5.] 6.

If a person to whom a subpoena has been issued pursuant to an ordinance adopted pursuant to subsection 1 refuses to produce any document, record or material that the subpoena requires, the agency of the incorporated city issuing the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of thewhich the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.

(c) “Residential unit” [means a single-family residence or an individual residential unit within a larger building, including, without limitation, an apartment, condominium, townhouse or -duplex. *AB363_R1* – 23 – subject to the provisions of chapter 119A of NRS.] has the meaning ascribed to it in section 18 of this act.

The term does not include a timeshare or other property subject to the provisions of chapter 119A of NRS.] has the meaning ascribed to it in section 18 of this act.

26.5.

1.

If on June 1, 2021, a board of county commissioners has prohibited by ordinance the use of an accommodations facilitator to make available for rent a residential commissioners must establish a process by which any person who owns a residential unit and used an accommodations facilitator before June 1, 2021, to make available for rent a residential unit or room within a residential unit in violation of the ordinance may submit an application for an authorization pursuant to this section.

The board of county commissioners may impose a reasonable fee for any such application.

2.

A board of county commissioners must:

(a) Accept applications from persons described in subsection 1 for a period of six months after the ordinance required pursuant to section 7 of this act is adopted by the board of county commissioners.

(b) Give at least 30 days’ notice of the application period described in paragraph (a).

- 81st Session (2021) – 25 – (c) Set forth the application requirements.

The minimum application requirements must include, without limitation, that the applicant and residential unit meet all the requirements set forth in the ordinance adopted pursuant to section 7 of this act and meet all granted an authorization pursuant to this section is subject to thes regulations of section 9 of this act.

3.

If a board of county commissioners limits the number of applications for authorizations that it will accept pursuant to subsection 1, 50 percent of the applications accepted must be from natural persons who own residential units.

4.

A board of county commissioners shall not as a condition of approval of an application for an authorization submitted pursuant to subsection 1:

(a) Require the payment of any tax on transient lodging related to the rental of a residential unit using an accommodations facilitator before June 1, 2021, in violation of the ordinance described in subsection 1;

or (b) Require the payment of any penalty imposed for a violation of the ordinance described in subsection 1.

5.

A decision on an application submitted to a board of county commissioners pursuant to this section is final and not subject to judicial review.

6.

As used in this section:

(a) “Accommodations facilitator” means a person, other than the owner, lessee or other lawful occupant of a residential unit, or a manager of a residential unit, who, for a fee or other charge, rental of the residential unit or a room within a residential unit for the purpose of transient lodging.

The term includes, without limitation, a hosting platform.

(b) “Authorization” means a permit, license, registration or any other type of approval or authorization issued by a board of county commissioners or its designee to a person who, independently or using an accommodations facilitator, makes available for rent a residential unit or a room within a residential unit for the purposes of transient lodging.

(c) “Board of county commissioners” means a board of county commissioners of a county whose population is 700,000 or more.

(d) “Hosting platform” means a person who, for a fee or other charge, provides on an Internet website an online platform that facilitates the rental of a residential unit or a room within a residential unit by an owner or lessee of the residential unit for the - 81st Session (2021) – 26 – advertising, matchmaking or other means., without limitation, through (e) “Residential unit” means a single-family residence or an individual residential unit within a larger building, including, without limitation, a condominium, townhouse, duplex or other multifamily dwelling.

The term does not include a timeshare or other property subject to the provisions of chapter 119A of NRS.

Sec.

This1. act becomes effective on January 1, 2022.

HThis -section *AB363_R1*and section 26.5 of this act become effective upon passage and approval.

2.

Sections 1 to 26, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

and (b) On July 1, 2022, for all other purposes.

~~~~~ 21 - 81st Session (2021)