Assembly Bill No. 569-Assemblymen Cegavske, Giunchigliani, Krenzer, Hettrick, Gustavson, Lambert, Humke, Amodei, Arberry, Williams, Lee, Close, Von Tobel, Goldwater, Marvel, Price, Manendo, Nolan, Mortenson, Koivisto, Parks, Braunlin, Bache, Anderson, Herrera, Chowning, de Braga, Evans, Buckley, Carpenter and Sandoval
June 6, 1997
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Referred to Committee on Judiciary
SUMMARY--Regulates manner of displaying tobacco and products related to use of tobacco in retail establishments that are open to minors. (BDR 15-886)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to tobacco; requiring a retail establishment that is open to minors to keep tobacco and products related to the use of tobacco in a locked cabinet or display case; revising provisions governing the enforcement of various laws related to tobacco; revising provisions governing the enforcement of certain laws concerning the sale of tobacco and products made from tobacco to minors; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 A retail establishment which is open to minors and which offers cigarettes, cigarette paper, tobacco of any description or products made from tobacco for sale to the public shall:
1. Keep the tobacco and products related to the use of tobacco in a locked cabinet or display case; and
2. Authorize access to the locked cabinet or display case only under the direct supervision of an employee and only to a customer who is 18 years of age or older.
Sec. 3 A person who violates the provisions of section 2 of this act:
1. For the first or second offense, is guilty of a misdemeanor and in addition to any other penalty shall be punished by a fine of not less than $250 for each violation.
2. For the third and each subsequent offense, is guilty of a gross misdemeanor.
Sec. 4 NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive [:] , and sections 2 and 3 of this act:
1. "Distribute" includes furnishing, giving away or providing products made from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
2. "Health authority" means the district health officer in a district, or his designee, or, if none, the state health officer, or his designee.
Sec. 5 NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493 and 202.2494 [.] and sections 2 and 3 of this act.
4. An agency, board, commission or political subdivision of this state, including any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made from tobacco than are provided by NRS 202.2491, 202.2492, 202.2493 and 202.2494 [.] and sections 2 and 3 of this act.
Sec. 6 NRS 202.2496 is hereby amended to read as follows:
202.2496 1. As necessary to comply with applicable federal law, the attorney general shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494 [.] and sections 2 and 3 of this act. For assistance in conducting any such inspection, the attorney general may contract with:
(a) Any sheriff's department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the attorney general, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child's parent for such assistance.
3. A child assisting in an inspection pursuant to this section shall, if questioned about his age, state his true age and that he is under 18 years of age.
4. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the child's appearance to make him appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
5. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made from tobacco that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and the position held by him;
(2) The age and date of birth of the child who assisted in the inspection;
(3) The name and position of the person from whom the child attempted to purchase tobacco or products made from tobacco;
(4) The name and address of the establishment at which the child attempted to purchase tobacco or products made from tobacco;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made from tobacco to the child.
6. No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 or section 2 or 3 of this act may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
Sec. 7 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.