1. Any manufacturer, wholesale dealer, agent or other person that knowingly sells cigarettes in this State, other than through retail sale, in violation of NRS 477.192 is subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold, except that the penalty against the person must not exceed $100,000 during any 30-day period.
2. A retail dealer that knowingly sells cigarettes in this State in violation of NRS 477.192 is subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold, except that the penalty against the retail dealer must not exceed $25,000 during any 30-day period.
3. In addition to any other penalty prescribed by law, any manufacturer of cigarettes that knowingly makes a false certification pursuant to NRS 477.194 is subject to a civil penalty of not less than $75,000 or more than $250,000 for each false certification.
4. A person who violates any other provision of NRS 477.172 to 477.214, inclusive, is subject to a civil penalty of not more than $1,000 for the first offense and not more than $5,000 for each subsequent offense.
5. A law enforcement officer, authorized representative of the Department of Taxation or authorized representative of the State Fire Marshal who discovers any cigarettes for sale in this State for which no certification has been submitted pursuant to NRS 477.194 or which are not marked pursuant to NRS 477.198 may seize the cigarettes. Cigarettes seized pursuant to this section must be destroyed after the true holder of the trademark rights in the cigarette brand is allowed to inspect the cigarettes.
6. Each violation of any provision of NRS 477.172 to 477.214, inclusive, or any regulation adopted pursuant thereto constitutes a separate civil violation for which the State Fire Marshal or the Attorney General may obtain relief. In addition to any other remedy provided by law, the Attorney General may file an action in a court of competent jurisdiction concerning a violation of any provision of NRS 477.172 to 477.214, inclusive, or any regulation adopted pursuant thereto, including, without limitation, petitioning for:
(a) Preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent or other person to enjoin the person from selling or affixing Nevada cigarette revenue stamps to any package of cigarettes that contains cigarettes which do not comply with the requirements of NRS 477.172 to 477.214, inclusive. Upon obtaining judgment for injunctive relief, the State Fire Marshal or Attorney General shall provide a copy of the judgment to all wholesale dealers and agents to whom the cigarette has been sold.
(b) The recovery of any civil penalty authorized by the provisions of NRS 477.172 to 477.214, inclusive.
(c) The recovery of any costs or damages incurred by this State because of a violation of NRS 477.172 to 477.214, inclusive, including, without limitation, enforcement costs relating to a specific violation and attorney’s fees.
7. All money collected pursuant to this section must be deposited in the Cigarette Fire Safety Standard and Firefighter Protection Fund created by NRS 477.210.
(Added to NRS by 2009, 2437)
Structure Nevada Revised Statutes
Chapter 477 - State Fire Marshal
NRS 477.010 - State Fire Marshal Division: Establishment and composition.
NRS 477.013 - Appointment of State Fire Marshal, assistant, deputies and other employees.
NRS 477.014 - Appointment of special deputies; duties.
NRS 477.030 - Duties; powers; applicability of regulations in certain counties.
NRS 477.031 - Fees for services and regulatory activities: Adoption by regulation; deposit; use.
NRS 477.033 - License: Requirements; application; fee; hearing.
NRS 477.035 - Inspection of state buildings; duties of State Public Works Board; regulations.
NRS 477.037 - Library: Establishment; maintenance; materials; fees for use.
NRS 477.050 - Report to Governor; legislative recommendations.
NRS 477.071 - "Board" defined.
NRS 477.091 - "Governing body" defined.
NRS 477.097 - Duties of owners and operators of buildings equipped with smoke control systems.
NRS 477.099 - Duties of technicians who inspect smoke control systems.
NRS 477.100 - "Authority" defined.
NRS 477.110 - Limitations on local ordinances requiring changes.
NRS 477.120 - Exits, open stairways and vertical shafts.
NRS 477.140 - Smoke detectors; openings used to supply air.
NRS 477.160 - Buildings used for public assembly.
NRS 477.170 - Facilities for landing helicopters on top of buildings.
NRS 477.210 - Cigarette Fire Safety Standard and Firefighter Protection Fund.
NRS 477.221 - "Apprentice fire performer" defined.
NRS 477.222 - "Fire performer" defined.
NRS 477.2235 - Renewal of certificate of registration; information required; grounds for denial.