1. Except as otherwise provided in subsection 7, on and after July 1, 2007, a person who owns or operates an establishment shall not:
(a) Hire a person to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:
(1) The person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or
(2) The person who owns or operates the establishment ensures that the person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, within 30 days after the date on which he or she is hired, successfully completes a certified program and obtains a valid alcohol education card; or
(b) Continue to employ a person who was hired before that date to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:
(1) The person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or
(2) The person who owns or operates the establishment ensures that the person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, not later than July 31, 2007, successfully completes a certified program and obtains a valid alcohol education card.
2. A violation of this section is a civil infraction, and when an owner or operator of an establishment is found in violation pursuant to subsection 3, a notice of infraction must be issued on a form prescribed by the Department, and must contain, without limitation, the following information:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment and the owner;
(d) The signature of the person who issued the notice of infraction;
(e) A copy of this section which allegedly is being violated;
(f) Information which advises of the manner in which, and the time within which, the notice of infraction must be answered; and
(g) Any other reasonable information which is prescribed by the Department.
3. The notice of infraction may be issued by any peace officer or by any person who is authorized by the Department to issue such a notice. A duplicate of the notice of infraction must be served on the person to whom it is issued either in person, by providing the notice to the person in charge of the establishment at the time the notice of infraction is issued, or by affixing the notice to the establishment in a conspicuous place.
4. The notice of infraction or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts which are alleged therein.
5. A person who responds to the notice of infraction must:
(a) Admit the commission of the infraction by paying to the Department the appropriate civil fine:
(1) For the first violation within a 24-month period, $500.
(2) For the second violation within a 24-month period, $1,000.
(3) For the third and any subsequent violation within a 24-month period, $5,000.
(b) Deny liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of such a request, the Department shall afford to the person making the request an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
6. Of the money collected by the Department from a civil fine pursuant to subsection 5:
(a) Fifty percent must be deposited with the State Treasurer for credit to the Account for Aid for Victims of Domestic or Sexual Violence created by NRS 217.440.
(b) Fifty percent must be deposited in the account created in the State General Fund for the support of community juvenile justice programs and must be used only to enforce laws that prohibit the purchase, consumption or possession of alcoholic beverages by persons under the age of 21 years.
7. The provisions of this section apply only in a jurisdiction that:
(a) Is located in a county whose population is 100,000 or more; or
(b) Is located in a county whose population is less than 100,000, if the governing body of the jurisdiction has, by the affirmative vote of a majority of its members, agreed to be bound by the provisions of this section.
8. As used in this section:
(a) "Certified program" means an alcoholic beverage awareness program certified by the Commission pursuant to NRS 369.625.
(b) "Valid alcohol education card" means a card issued by a certified program which has been obtained or renewed within the immediately preceding 4 years.
(Added to NRS by 2005, 2683; A 2009, 478)
Structure Nevada Revised Statutes
Chapter 369 - Intoxicating Liquor: Licenses and Taxes
NRS 369.011 - "Brew pub" defined.
NRS 369.013 - "Brewery" defined.
NRS 369.015 - "Case of wine" defined.
NRS 369.019 - "Craft distillery" defined.
NRS 369.030 - "Importer" defined.
NRS 369.035 - "Instructional wine-making facility" defined.
NRS 369.040 - "Liquor" defined.
NRS 369.045 - "Malt beverage" defined.
NRS 369.050 - "Original package" defined.
NRS 369.070 - "Permissible person" defined.
NRS 369.090 - "Retail liquor store" defined.
NRS 369.100 - "Sale" and "to sell" defined.
NRS 369.111 - "Supplier" defined.
NRS 369.130 - "Wholesale dealer" and "wholesaler" defined.
NRS 369.150 - Administration of chapter; duties of Department of Taxation.
NRS 369.155 - Standards for determining whether alcohol is used as fuel or liquor.
NRS 369.160 - Money for administration of chapter.
NRS 369.170 - Liquor Tax Account: Remittances; refunds.
NRS 369.173 - Distribution and apportionment of money collected from tax on certain liquor.
NRS 369.175 - Applicability of chapter.
NRS 369.190 - Application for license.
NRS 369.210 - Contents of license.
NRS 369.220 - Signing and posting of license; license nontransferable; change of location.
NRS 369.250 - Time and place of hearing; notice.
NRS 369.280 - Summary suspension or revocation of license: Grounds; procedure.
NRS 369.290 - Renewal of cancelled license.
NRS 369.300 - Schedule of fees for licenses.
NRS 369.320 - Counties, cities and towns not prohibited from requiring licenses.
NRS 369.330 - Levy, collection and amount of tax.
NRS 369.340 - Liquor sold to permissible persons exempt from tax.
NRS 369.350 - Security for taxes: Bonds and deposits; waiver of requirement.
NRS 369.360 - Rules of Department.
NRS 369.388 - Importer to purchase liquor only from supplier; exception.
NRS 369.400 - Importers: Inventory; records; inspection; penalty.
NRS 369.410 - Certain whiskeys not to be imported; exception.
NRS 369.420 - Seizure and sale of liquor.
NRS 369.430 - Certificate of compliance.
NRS 369.440 - Certificates for permissible persons.
NRS 369.460 - Penalties for violating NRS 369.450 or related regulation.
NRS 369.462 - Payment of tax by supplier.
NRS 369.464 - Suppliers of wine: Designation of importer.
NRS 369.466 - Suppliers of wine: Payment of fee after shipment of 200 or more cases.
NRS 369.468 - Preservation of records for inspection and audit.
NRS 369.470 - Wholesale dealers: Rights of licensees.
NRS 369.480 - Wholesale dealers: Inventory; records; inspection; penalty.
NRS 369.4867 - Bulk sale of liquor by retailer.
NRS 369.487 - Retailers to purchase liquor only from state-licensed wholesalers; exceptions.
NRS 369.488 - Sources for purchase of liquor by retailer; exceptions.
NRS 369.489 - Delivery of liquor to consumer in connection with retail sale; regulations.
NRS 369.490 - Unlawful possession, sale or transportation of liquor; exceptions.
NRS 369.520 - Preservation of invoices.
NRS 369.530 - Inspections of vehicles and premises.
NRS 369.540 - Enforcement of chapter.
NRS 369.550 - Penalties for certain violations.
NRS 369.605 - "Alcoholic beverage" defined.
NRS 369.610 - "Alcoholic beverage awareness program" defined.
NRS 369.615 - "Commission" defined.