Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(82nd) A SB92 R2 720 Amendment No.
92–Senators720 Donate,Assembly FloresAmendment andto OhrenschallSenate JointBill Sponsors:No.
Assemblywomen92 Marzola,Second GonzálezReprint and(BDR Torres20-53) CHAPTER..........Proposed by:
Assemblywoman Torres Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No 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.
SMH/HAC - Date:
5/23/2023 S.B.
No.
92—Revises provisions relating to sidewalk vendors.
(BDR 20-53) Page 1 of 14 *A_SB92_R2_720* Assembly Amendment No.
720 to Senate Bill No.
92 Second Reprint Page 3 SENATE B ILLNO .
92–ENATORS D ONATE, FLORES AND O HRENSCHALL PREFILEDJANUARY 31,2023 _______________ JOINTSPONSORS :
SSEMBLYWOMEN M ARZOLA , GONZÁLEZ AND TORRES _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to sidewalk vendors.
(BDR 20-53) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law grants a governing body of a county or city all powers necessary 1-11 and 15-24.5proper ofto thisaddress billmatters set forth various requirements for the licensing and regulation of sidewalklocal vendorsconcern. of food by the governing body of certain counties and cities.
(NRS 244.146, 268.0035) Sections 1-11 and 15-24.5 of this bill set forth various requirements for the licensing and regulation of sidewalk vendors of fooSections 2 and 16 of this bill provide that the provisions of sections 1-10 and 15-25 of this bill apply only to a county whose population is 100,000 or more (currently Clark and Washoe Counties) or to a city in a county whose population is 100,000 or more.
Sections 3 and 17 of this bill define the term “sidewalk vendor.” citySections to7 adoptand an21 ordinanceof regulatingthis sidewalkbill: vendors;
and(1) (2)authorize requirea thenty or governing body of a county or city thatto adoptsadopt such an ordinance toregulating post on its Internet website a map of the areas where a person may engage in the act of sidewalk vending.vendors;
and (2) require the governing body of a county or city that adopts such an ordinance to post on its Internet website a map of the areas where a person may engage in the act of sidewalk vending.
Sections 7.5 and 21.5 of this bill prohibit a person, with certain exceptions, from selling food,food , beverages or merchandise upon a public sidewalk or pedestrians,pedestrian path from a conveyance within 1,500 feet of:
Sections 7.5 and 21.5 authorize, with certain exceptions, a person to sell food,food , beverages or merchandiseAssembly withinAmendment 1,500No. feet of such a location if the area is zoned exclusively for residential use.
Sections720 8 and 22 of this bill authorize a governing body of a county or city to andSenate (2)Bill submitNo. certain information to the county or city.d local permits or licenses;
Sections92 9Second andReprint 23Page of4 thismerchandise billwithin provide1,500 thatfeet anof ordinancesuch adopted by a governinglocation bodyif of a county or city may, with certain exceptions, impose additional requirements regulating the time,area placeis andzoned mannerexclusively offor sidewalkresidential vending.use.
- 82nd Session (2023) – 2 – Sections 108 and 2422 of this bill authorize a governing body of a county or city to imposerequire by ordinance certain penaltiesinformation andto fines for a violation of the provisionscounty of the ordinance regulating sidewalk vendors or forcity.tate operatingand withoutlocal anypermits required license or permitlicenses; for sidewalk vendors.
and (2) submit Sections 10.59 and 24.523 of this bill provide that thean provisionsordinance adopted by a governing body of thisa billcounty or city shallmay, notwith becertain construedexceptions, to:impose additional requirements regulating the time, place and manner of sidewalk vending.
Sections 10 and 24 of this bill authorize a governing body of a county or city to impose by ordinance certain penalties and fines for a violation of the provisions of the ordinance regulating sidewalk vendors or for operating without any required license or permit for sidewalk vendors.
Sections 10.5 and 24.5 of this bill provide that the provisions of this bill governing the regulation of sidewalk vendors by a governing body of a county or city shall not be construed to:
(2) provide a defensecertain torights anyof criminala actprivate thatproperty isowner notto relateduse toor authorize or limit the actuse of sidewalka vending;privately owned sidewalk.
or (3) affect certain rights of a private property owner to use or authorize or limit the use of a privately owned sidewalk.
Existing law authorizes a local board of health to adopt regulations relating to food establishments.
and (2) obtain any necessary certificationcard.fication as a food handler if the person does not have a driver’s license or identification card.Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the Office of the Secretary of State and requires the Secretary of State to appoint nine members to the Task Force.
Office of the Secretary of State and requires the Secretary of State to appoint nine members to the Task Force.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Secs.Sec.
4-6.4.
(Deleted by amendment.) - 82nd Session (2023) – 3 – Sec.
5.
(Deleted by amendment.) Sec.
6.
(Deleted by amendment.) Sec.
2.Assembly Amendment No.
Except720 as otherwise provided in sections 2 to 10.5,Senate inc(a)Bill EnactNo. or enforce a complete prohibition on sidewalkall not:
vendors.92 Second Reprint Page 5 2.
Except as otherwise provided in sections 2 to 10.5, inclusive, of this act, a board of county commissioners shall not:
(a) Enact or enforce a complete prohibition on sidewalk vendors.
Except as otherwise provided in subsection 4, a person shall not sell food,food , beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-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 min(c)minor Aleague conventionsports facilityteam; operated by a county fair and recreation board;
(c) A convention facility operated by a county fair and recreation board;
-(b) 82ndAn Sessionevent (2023)facility –that 4has –seating capacity for at least 20,000 people and is constructed to accommodate a major orleastor minor league sports team;
A person may sell food,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,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.
(c)(b) AnyA other licenses issued by a state orbusiness locallicense; 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.
2.Assembly Amendment No.
720 to Senate Bill No.
92 Second Reprint Page 6 2.
(d)(c) A certificationdescription by the sidewalk vendor that, to the best of his or her knowledge and belief, the informationfood submittedoffered pursuantfor tosale; 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 82ndrelated Sessionto (2023)the –health, 5safety –or public,welfare which may include, without limitation:are concerns of the (1)public, Restrictions on the hours of operation of a sidewalk vendor, which may notinclude, bewithout morelimitation: 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 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.
(2) Within the immediate vicinity of an area designated for a temporary special event by the board of county commissioners,orcommissioners, 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 recreation(IV)recreational Afacility highlyowned traffickedby pedestrianthe mall,county; convention center or designated entertainment district.
or (IV) A highly trafficked pedestrian mall, convention center or designated entertainment district.
and -Assembly 82ndAmendment SessionNo. (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)720 “Pedestrian mall” has the meaning ascribed to itSenate inBill NRSSec.No.
92 Second Reprint Page 7 (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 NRS 268.811.
Sec.
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 countyagescounty 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.
-Sec. 82nd Session (2023) – 7 – 244.335 1.RS 24Except as otherwise provided in subsections 2, 3, and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 to 244.35359, inclusive, a board of county commissioners may:
11.
NRS 244.335 is hereby amended to read as follows:
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 andAssembly theAmendment businessNo. of conducting a dancing hall, escort service, entertainment by referral service or incorporated city.
720 to Senate Bill No.
92 Second Reprint Page 8 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) 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 CourtNRSCourt Rules;
-(a) 82ndSigns Sessionan (2023)affidavit –affirming 8that –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 tocretaryto of validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).
and (b)Assembly ByAmendment anNo. action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
720 to Senate Bill No.
92 Second Reprint Page 9 (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
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.
The Task Force consists of the following nine members app(a)appointed Aby representativethe Secretary of aState: health district in a county whose population is 100,000 or more;
(a) A representative of a health district 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 affiliatesaffiliated with sidewalka vendors.izationcommunity organization that represents and 3.affiliates with sidewalk vendors.
3.
4.Assembly Amendment No.
720 to Senate Bill No.
92 Second Reprint Page 10 4.
and and(b) theRecommend citiesapproaches andto countiesimprove the laws of this State to:wsand ofthe thiscities Stateand (1)counties Legalizeof sidewalkthis vending;State to:
(1) Legalize sidewalk vending;
The report must include, without limitation, a summary of - 82nd Session (2023) – 11 – the work of the Task Force and any recommendations for 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 thiSec.this act.
Sec.
Secs.Sec.
18-20.18.
19.
(Deleted by amendment.) Sec.
20.
(Deleted by amendment.) Sec.
city3. 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.
A city council or other governing body of an incorporated city that does not adopt an ordinance that complies or substantially complies with sections 16 to 24.5, inclusive, of this act, shall not cite, fine or prosecute a sidewalk vendor for a Assembly Amendment No.
720 to Senate Bill No.
92 Second Reprint Page 11 violation of any rule or regulation that is inconsistent with the provisions of sections 16 to 24.5, inclusive, of this act.
Except as otherwise provided in subsection 4, a person shall not sell food,food , beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-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;
orfacilityor operated by a county fair and (d) A median of a highway, if the median is adjacent to a parking lot.
A person may sell food,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,food , beverages or merchandise isceis 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 82ndbusiness Sessionlicense (2023)or –other 13license –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.
and (d)Assembly AAmendment certificationNo. by the sidewalk vendor that, to the best of his or her knowledge and belief, the information submitted pursuant to this section is true.
720 to Senate Bill No.
92 Second Reprint Page 12 (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 andnnerand directly related to the health, safety or welfare concerns of the public, which may include, without limitation:
(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 82ndonly Sessionbe (2023)effective – 14 – special event.ffective for the limited duration of the temporary (3)special Withinevent. 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:
(a) “Entertainment district” means a contiguous area located within(1)within Isa zonedcity forthat: or customarily used for commercial purposes;
(1) Is zoned for or customarily used for commercial purposes;
(a)Assembly SuspendAmendment orNo. 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 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;
720 to Senate Bill No.
92 Second Reprint Page 13 (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;
(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;
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.
holding2. 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, 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.
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 limitation:sidewalkregulating sidewalk vendors of food which must, without (a)limitation: 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 -(d) 82ndInclude Sessionany (2023)other –regulation 16determined –to be necessary by the Task Force on Safe Sidewalk Vending pursuant to section 14 by of this act.
As used in this 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 orAssembly rack.Amendment No.
720 to Senate Bill No.
92 Second Reprint Page 14 or rack.
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 provisions of this section and sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act become ineffective.
(a) Upon passage and approval for the purpose of appointing members of the Task Force on Safe Sidewalk Vending and performing any other preparatory administrative tasks that are necessary to carry out the provisions of sections 12, 13 and 14 of this act;
- 82nd Session (2023) – 17 – 4.
~~~~~ 23 - 82nd Session (2023)