AB 53 — Revises provisions relating to sales of tobacco products. (BDR 32-421)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

5353–Committee Aon SSEMBLYRevenue BCHAPTER.......... ILLN O.

53–COMMITTEE ON R EVENUE (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Revenue SUMMARY—Revises provisions relating to sales of tobacco products.

(BDR 32-421) 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.

Existing law provides for the licensing of persons engaged in the manufacture, distribution and sale of cigarettes and other tobacco products, includingfacture,including manufacturers, wholesale dealers of cigarettes, wholesale dealers of other tobacco products, tobacco retail dealers, logistics companies and persons who operate a warehouseperson from selling, distributing or distributionoffering center.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 a person under the age of 21 years.

(NRS 370.531-370.597)370.521) Existing law prohibitsestablishes certain penalties which a personlicensee fromis selling,liable distributingfor orif offeringan toemployee sellor cigarettes,agent cigaretteof paper,violation anywithin alternativea nicotine24-month productperiod orat anythe productsame containing,premises madeand orcertain derivedcivil frompenalties nicotinefor tosubsequent aviolations personwithin undera the24-month ageperiod ofat 21the years.same premises.

(NRS 370.521) ExistingThis lawbill establishesprovides certainthat, penalties which a licensee is liable for ifviolations anwhich employeeoccur or agent of the licensee violates this prohibition, including a warning for a first or second violation within a 24-month period at the same premisespremises, anda certainlicensee civilis penaltiesliable for subsequent violations within a 24-monthcivil periodpenalty atof: the same premises.

(NRThis(1) bill$2,500 provides that, for violationsa whichfirst occur$10,000 withinfor a 24-monthfourth periodand atany thesubsequent sameviolation.$7,500 premises, a licensee is liable for a civilthird penaltyviolation; of:

(1)and $2,500(4) forEXPLANATION a– firstMatter violation;in bolded italics is new;

(2)matter $5,000between forbrackets a[omitted secondmaterial] violation;is material to be omitted.

(3)THE $7,500PEOPLE forOF aTHE thirdSTATE violation;OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

and (4) $10,000 for a fourth and any subsequent violation.

- *AB53_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(b)- Is82nd presentedSession a(2023) valid– driver’s2 license,– permanent resident card, tribal identification card or other written or documentary evidenceevidencerd, which shows that the other person is 21 years of age or older;

for4. 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 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 und5.

- *AB53_R1* – 3 – (c) For the third and any subsequent violation within a 24-month period, $500.

(b) For the third violation within a 24-month period at the same premises,pre(c)] the$2,500.icensee] licensee] is liable for a civil penalty of [$500.

(c)] $2,500.

(d)- For82nd theSession fourth(2023) and– any3 subsequent– violation within a 24- month period at the same premises, the licensee is liable for a civil penalty of $10,000.

andand(g) (g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.

-(a) *AB53_R1*Admitting –the 4violation –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 noticeto this paragraph, the Department shall provide the personing pursuant submitting the request an opportunity for a hearing pursuant to chapter 233B of infraction.NRS.

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.

- 82nd Session (2023) – 4 – Sec.

H~~~~~ 23 - *AB53_R1*82nd Session (2023)