SB 92 — Revises provisions relating to sidewalk vendors. (BDR 20-53)

“Sidewalk vendor” means a person who sells food upon a public sidewalk or other pedestrian path from a nonmotorized conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.

This term includes, without limitation, a roaming sidewalk vendor and a stationary sidewalk vendor.

Sec.

6.

“Stationary sidewalk vendor” means a sidewalk vendor who sells food from a fixed location.

Sec.

Except as otherwise provided in sections 2 to 10.5, inclusive,inc(a) ofEnact thisor act,enforce a boardcomplete ofprohibition countyon commissionerssidewalkall shall not:

(a) Enact or enforce a complete prohibition on sidewalk vendors.

4.

If a board of county commissioners adopts an ordinance pursuant to this section, the board of county commissioners shall post on its Internet website a map of the zones where a person may engage in the act of sidewalk vending.

AExcept as otherwise provided in subsection 4, a person shall not sell foodfood, beverages or merchandise upon a public sidewalk or pedestrian path from a nonmotorized conveyance, including, without limitation, a pushcart, stand, display, pedal-pedal-driven driven cart, wagon, showcase or rack, within 1,500 feet of:

(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minormin(c) leagueA sportsconvention team;facility operated by a county fair and recreation board;

(c)or (d) A conventionmedian facilityof operateda byhighway, aif countythe fairmedian andis recreationadjacent board;to a parking lot.

or (d) A state historical marker.

The maximum criminal penalty that may be specified in an ordinance adopted pursuant to section 7 of this act is a misdemeanor.

A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude.

3.

Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from:

(a) A resort hotel, as defined in NRS 463.01865;

- 82nd Session (2023) – 4 – 20,000 people and is constructed to accommodate a major orleast minor league sports team;

(c) A convention facility operated by a county fair and recreation board;

or (d) A median of a highway that is adjacent to a parking lot.

4.

A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.

- *SB92_R1* – 4 – 1.

(b)(c) AAny other licenses issued by a state businessor license;local governmental agency to the extent otherwise required by law.

and (c) Any other licenses issued by a state or local governmental agency to the extent otherwise required by law.

Submit information to the designated representative of the county relating to his or her operations, including, withwithout limitation:

(c)(d) A descriptioncertification by the sidewalk vendor that, to the best of his or her knowledge and belief, the foodinformation offeredsubmitted forpursuant sale;to this section is true.

and (d) A certification by the sidewalk vendor that, to the best of his or her knowledge and belief, the information submitted pursuant to this section is true.

(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively and directly- related82nd toSession the(2023) health,– safety5 or– welfarepublic, which may include, without limitation:are concerns of the public,(1) Restrictions on the hours of operation of a sidewalk vendor, which may include,not withoutbe limitation:more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses that are similar to sidewalk vending;

(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses or other businesses that are similar to sidewalk vending;

(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to section 25 of this act.

- *SB92_R1* – 5 – (2) Within the immediate vicinity of an area designated for a temporary special event by the board of county commissioners,commissioners,or provided that any notice or other right provided to affected businesses or property owners during the temporary special event is also provided to any sidewalk vendors permitted to operate in the area, if applicable.

(III) A school, child care facility, community center, polling place, religious institution or place of worship or park or recreationalrecreation(IV) facilityA ownedhighly bytrafficked thepedestrian county;mall, convention center or designated entertainment district.

or(4) (IV)In Aresidential highlyareas, traffickedbut pedestrianmust mall,not conventionprohibit centernonstationary orsidewalk designatedvendors entertainmentfrom district.operating in such areas.

(4) In residential areas, but must not prohibit roaming sidewalk vendors in such areas.

and - 82nd Session (2023) – 6 – (2) Contains any number and combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries or studios, dance studios or athletic stadiums.

(b) “Pedestrian mall” has the meaning ascribed to it in NRSNRSSec. 268.811.

Sec.

In accordance with an ordinance adopted pursuant to sections 2 to 10.5, inclusive, of this act, a board of county commissioners or its designee may:

(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a prohibited residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;

- *SB92_R1* – 6 – (c) Impose a civil penalty on a person who engages in sidewalk vending without holding a permit or license for sidewalk vending required by the ordinance in accordance with the schedule of civil penalties set forth in the ordinance, if any;

For any person who engages in sidewalk vending without holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a board of countycountyages commissioners or its designee may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to section 7.5 of this act.

or 2.

Provide a defense to any criminal charge unrelated to the act of sidewalk vending.vending;

Sec.or 3.

11.Affect the rights of a private property owner to use or authorize or limit the use of a sidewalk that is owned by the private property owner, including, without limitation, a privately owned sidewalk that is subject to an easement for public access.

NRS- 82nd Session (2023) – 7 – 244.335 is1.RS hereby24Except amendedas otherwise provided in subsections 2, 3, and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 to read244.35359, asinclusive, follows:a board of county commissioners may:

244.335 1.

Except as otherwise provided in subsections 2, 3, 4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 to 244.35359, inclusive, a board of county commissioners may:

The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city.

A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of - *SB92_R1* – 7 – contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme CourtCourtNRS Rules;

(a)- Signs82nd anSession affidavit(2023) affirming– that8 the– business has complied with the provisions of chapter 76 of NRS;

or business has complied (b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

or (b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use totocretary of validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

- *SB92_R1* – 8 – (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board.- 82nd Session (2023) – 9 – commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid.

If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid.

Continuing disclosure may be so authorized under an agreement with the Department of Taxation or Secretary of State for the exchange of information concerning or taxpayers.

- *SB92_R1* – 9 – Sec.

The Task Force consists of the following nine members appointedapp(a) byA therepresentative Secretary of State:a health district in a county whose population is 100,000 or more;

(a) A representative of a health district in this State;

(d) A representative from a law enforcement agency;agency in a county whose population is 100,000 or more;

- 82nd Session (2023) – 10 – (e) A representative from the Office of the Secretary of State;

and (f) Four members at large chosen by the Secretary of State, with priority given to persons who are sidewalk vendors or are affiliatedaffiliates with asidewalk communityvendors.ization organization that represents and affiliates3. with sidewalk vendors.

3.

6.

The Task Force may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the duties of the Task Force.

and (b)and Recommendthe approachescities toand improvecounties the laws of this State andto:ws the cities and counties of this State to:(1) Legalize sidewalk vending;

(1) Legalize sidewalk vending;

- *SB92_R1* – 10 – (4) Protect the public health, safety and welfare by ensuring sidewalk vendors follow clear and narrowly tailored laws which address demonstrable health, safety and welfare risks;

and (5) Develop enforcement mechanisms, including, without limitation, civil penalties for sidewalk vendors that operate in prohibitedauthorized areas.

The report must include, without limitation, a summary of - 82nd Session (2023) – 11 – the work of the Task Force and any recommendations for legislation.legislation and regulations.

Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 24.5, inclusive, of thisthiSec. act.

Sec.

As used in sections 16 to 24.5, inclusive, of this act, unless the context otherwise requires, the“sidewalk wordsvendor” andmeans termsa definedperson inwho sectionssells 18,food 19upon anda 20public ofsidewalk thisor actother havepedestrian thepath meaningsfrom ascribeda toconveyance, themincluding, inwithout thoselimitation, sections.a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.

Sec.The term includes, without limitation, a nonstationary sidewalk vendor and a stationary sidewalk vendor.

18.Secs.

“Roaming18-20. sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to sell food.

(Deleted by amendment.) Sec.

19.

“Sidewalk vendor” means a person who sells food upon a public sidewalk or other pedestrian path from a nonmotorized conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.

This term includes, without limitation, a roaming sidewalk vendor and a stationary sidewalk vendor.

Sec.

20.

“Stationary sidewalk vendor” means a sidewalk vendor who sells food from a fixed location.

Sec.

3.city that does not adopt an ordinance that complies orcorporated substantially complies with sections 16 to 24.5, inclusive, of this act, shall not cite, fine or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the provisions of sections 16 to 24.5, inclusive, of this act.

A4. city council or other governing body of an incorporated city that does not adopt an ordinance that complies or - *SB92_R1* – 11 – substantially complies with sections 16 to 24.5, inclusive, of this act, shall not cite, fine or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the provisions of sections 16 to 24.5, inclusive, of this act.

If a city council or other governing body of an incorporated city adopts an ordinance pursuant to this section, the city council or other governing body shall post on its Internet website a map of the zones where a person may engage in the act of sidewalk vending.

AExcept as otherwise provided in subsection 4, a person shall not sell foodfood, beverages or merchandise upon a public sidewalk or pedestrian path from a nonmotorized conveyance, including, without limitation, a pushcart, stand, display, pedal-pedal-driven driven cart, wagon, showcase or rack, within 1,500 feet of:

- 82nd Session (2023) – 12 – (a) A resort hotel, as defined in NRS 463.01865;

(c) A convention facility operated by a county fair and recreation board;

ororfacility operated by a county fair and (d) A statemedian historicalof marker.a highway, if the median is adjacent to a parking lot.

The maximum criminal penalty that may be specified in an ordinance adopted pursuant to section 21 of this act is a misdemeanor.

A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude.

3.

Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from:

(a) A resort hotel, as defined in NRS 463.01865;

(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;

(c) A convention facility operated by a county fair and recreation board;

or (d) A median of a highway that is adjacent to a parking lot.

4.

A person may sell food, beverages or merchandise within from which the person is selling food, beverages or merchandise isce located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.

 Nothing in this section shall be construed to authorize a sidewalk vendor to not comply with any requirement to obtain a state- business82nd licenseSession or(2023) other– license13 issued– by a state agency or any permit or license issued by a local government, agency orncy or board of health to the extent otherwise required by law.

Submit information to the designated representative of the city relating to his or her operations, including, withwithout limitation:

- *SB92_R1* – 12 – Sec.

(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively andandnner directly related to the health, safety or welfare concerns of the public, which may include, without limitation:

(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses or other businesses that are similar to sidewalk vending;

(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to section 25 of this act.

(1) In areas located within the immediate vicinity of a farmers’ market licensed pursuant to NRS 268.092 during the a operating hours of the farmers’ market.

A prohibition of sidewalk vendors pursuant to this subparagraph must- only82nd beSession effective(2023) – 14 – special event.ffective for the limited duration of the temporary special(3) event.Within a set distance established by the city council or other governing body of an incorporated city of:

(3) Within a set distance established by the city council or other governing body of an incorporated city of:

(4) In residential areas, but must not prohibit roamingnonstationary sidewalk vendors from operating in such areas.

- *SB92_R1* – 13 – 2.

(a) “Entertainment district” means a contiguous area located withinwithin(1) aIs cityzoned that:for or customarily used for commercial purposes;

(1) Is zoned for or customarily used for commercial purposes;

In accordance with an ordinance adopted pursuant to sections 16 to 24.5, inclusive, of this act, a city council or other governing body of an incorporated city, or a designee of the city council or other governing body, may:

(a) Suspend or revoke any permit or license for sidewalk vending for any violation of the ordinance or the terms or conditions of the permit or license in the same manner as such suspensions or revocations are imposed for other types of businesses;bus(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a prohibited residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;

(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;

and - 82nd Session (2023) – 15 – (d) Authorize any other action to prevent the sale or consumption of any food or drink that violates any requirements established by a local board of health pursuant to section 25 of this act.

2.holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a city council or other governing body of an incorporated city, or a designee of the city council or other governing body, may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to section 21.5 of this act.

For any person who engages in sidewalk vending without holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a city council or other governing body of an incorporated city may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to section 21.5 of this act.

or 2.

Provide a defense to any criminal charge unrelated to the act of sidewalk vending.vending;

-or *SB92_R1*3. – 14 – Sec.

Affect the rights of a private property owner to use or authorize or limit the use of a sidewalk that is owned by the private property owner, including, without limitation, a privately owned sidewalk that is subject to an easement for public access.

Sec.

A local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more shall adopt regulations pursuant to NRS 446.940 regulatinglimitation:sidewalk sidewalk vendors of food which must, without limitation:(a) Establish a process for a person to apply to the local board of health for a permit, license or other authorization to operate as a sidewalk vendor;

(a) Establish a process for a person to apply to the local board of health for a permit, license or other authorization to operate as a sidewalk vendor;

and (c) Establish procedures for a person seeking to operate as a sidewalk vendor who does not have a drivers’ license or identification card issued by this State or another State, the District of Columbia or any territory of the United States to obtain any certification required by the local board of health as a food handler.handler;

and - 82nd Session (2023) – 16 – the Task Force on Safe Sidewalk Vending pursuant to section 14 by of this act.

As used in this section:section, “sidewalk vendor” means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.

(a)The “Roamingterm sidewalkincludes vendor” means a nonstationary sidewalk vendor who moves from place to place and stopsa onlystationary tosidewalk sellvendor. food.

(b) “Sidewalk vendor” means a person who sells food upon a public sidewalk or other pedestrian path from a nonmotorized conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack.

This term includes a roaming sidewalk vendor and a stationary sidewalk vendor.

(c) “Stationary sidewalk vendor” means a sidewalk vendor who sells food from a fixed location.

Each local board of health in a county whose population is 100,000 or more and local board of health of a city in a county whose population is 100,000 or more shall adopt the regulations required by section 25 of this act on or before JanuaryDecember 1,31, 2024.2025.

27.

(Deleted by amendment.) Sec.

If any provision of this section or sections 2 to 11, inclusive, or 16 to 26.5, inclusive, of this act, or any application thereof to any person, thing or circumstance is held invalid, the -other *SB92_R1*provisions –of 15this –section 16and sections 2 to 11, inclusive, and to 26.5, inclusive, of this act become ineffective.

inclusive, and Sec.

This section and sections 2626.5 to 28, inclusive, of this act become effective upon passage and approval.

(a) Upon passage and approval for the purpose of appointing members of the Task Force on Safe Sidewalk Vending and performingnecessary any other preparatory administrative tasks to carry out the provisions of sections 12, 13 and 14 of this act;

Sections 17.5, to21.5 11, inclusive, and 1526 to 25, inclusive, of this act become effectiveeffective: on January 1, 2024.

H(a) -Upon *SB92_R1*passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act;

and (b) On October 15, 2023, for all other purposes.

- 82nd Session (2023) – 17 – 4.

Sections 1 to 7, inclusive, 8, 10, 11, 15 to 22, inclusive, 24, 24.5 and 25 of this act become effective on January 1, 2024.

5.

Sections 9 and 23 of this act become effective:

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

and (b) On July 1, 2024, for all other purposes.

~~~~~ 23 - 82nd Session (2023)