Assembly Bill No. 108–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning investigation and prosecution of certain persons who sell or distribute alcoholic beverages to person under 21 years of age. (BDR 15‑436)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to alcoholic beverages; authorizing a local law enforcement agency to conduct random inspections to enforce compliance with certain laws pertaining to the sale of alcoholic beverages; authorizing the Attorney General to investigate and prosecute the sale or distribution of an alcoholic beverage to a person under 21 years of age in certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 202 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A local law enforcement agency may conduct random,

1-4  unannounced inspections at locations within its jurisdiction where

1-5  alcoholic beverages are sold, distributed or offered for sale to

1-6  inspect for and enforce compliance with NRS 202.055.

1-7  2.  For assistance in conducting any such inspection, the local

1-8  law enforcement agency may enter into an agreement with:

1-9  (a) The Attorney General; or

2-1  (b) Any other person who will, in the opinion of the law

2-2  enforcement agency, perform the inspection in a fair and

2-3  impartial manner.

2-4  3.  If the inspector desires to enlist the assistance of a child

2-5  under 18 years of age for such an inspection, the inspector shall

2-6  obtain the written consent of the child’s parent for such

2-7  assistance.

2-8  4.  A person under 21 years of age assisting in an inspection

2-9  pursuant to this section shall, if questioned about his age, state his

2-10  true age and that he is under 21 years of age.

2-11      5.  If a person under 21 years of age is assisting in an

2-12  inspection pursuant to this section, the person supervising the

2-13  inspection shall:

2-14      (a) Refrain from altering or attempting to alter the person’s

2-15  appearance to make him appear to be 21 years of age or older.

2-16      (b) Photograph the person immediately before the inspection is

2-17  to occur and retain any photographs taken of the person pursuant

2-18  to this paragraph.

2-19      6.  The person supervising an inspection using the assistance

2-20  of a person under 21 years of age shall, within a reasonable time

2-21  after the inspection is completed:

2-22      (a) Inform a representative of the business establishment from

2-23  which the person attempted to purchase an alcoholic beverage that

2-24  an inspection has been performed and of the results of that

2-25  inspection.

2-26      (b) Prepare a report regarding the inspection. The report must

2-27  include, without limitation:

2-28          (1) The name of the person who supervised the inspection

2-29  and the position held by him;

2-30          (2) The age and date of birth of the person under 21 years

2-31  of age who assisted in the inspection;

2-32          (3) The name and position of the person from whom the

2-33  person under 21 years of age attempted to purchase the alcoholic

2-34  beverage;

2-35          (4) The name and address of the establishment at which the

2-36  person under 21 years of age attempted to purchase the alcoholic

2-37  beverage;

2-38          (5) The date and time of the inspection; and

2-39          (6) The result of the inspection, including whether the

2-40  inspection resulted in the sale, distribution or offering for sale of

2-41  an alcoholic beverage to the person under 21 years of age.

2-42      7.  No civil or criminal action based upon an alleged violation

2-43  of NRS 202.055 may be brought as a result of an inspection for

2-44  compliance in which the assistance of a person under 21 years of

3-1  age has been enlisted unless the inspection has been conducted in

3-2  accordance with the provisions of this section.

3-3  Sec. 2.  NRS 202.015 is hereby amended to read as follows:

3-4  202.015  For the purposes of NRS 202.015 to 202.065,

3-5  inclusive, and section 1 of this act, “alcoholic beverage” means:

3-6  1.  Beer, ale, porter, stout and other similar fermented

3-7  beverages, including sake and similar products, of any name or

3-8  description containing one-half of 1 percent or more alcohol by

3-9  volume, brewed or produced from malt, wholly or in part, or from

3-10  any substitute therefor.

3-11      2.  Any beverage obtained by the fermentation of the natural

3-12  content of fruits or other agricultural products containing sugar, of

3-13  not less than one-half of 1 percent of alcohol by volume.

3-14      3.  Any distilled spirits commonly referred to as ethyl alcohol,

3-15  ethanol or spirits of wine in any form, including all dilutions and

3-16  mixtures thereof from whatever process produced.

3-17      Sec. 3.  NRS 202.055 is hereby amended to read as follows:

3-18      202.055  1.  Every person who knowingly:

3-19      (a) Sells, gives or otherwise furnishes an alcoholic beverage to

3-20  any person under 21 years of age;

3-21      (b) Leaves or deposits any alcoholic beverage in any place with

3-22  the intent that it will be procured by any person under 21 years of

3-23  age; or

3-24      (c) Furnishes, gives, or causes to be given any money or thing of

3-25  value to any person under 21 years of age with the knowledge that

3-26  the money or thing of value is to be used by the person under 21

3-27  years of age to purchase or procure any alcoholic beverage,

3-28  is guilty of a misdemeanor.

3-29      2.  Paragraph (a) of subsection 1 does not apply to a parent,

3-30  guardian or physician of the person under 21 years of age.

3-31      3.  Every person who sells, gives or otherwise furnishes

3-32  alcoholic beverages through the use of the Internet shall adopt a

3-33  policy to prevent a person under 21 years of age from obtaining an

3-34  alcoholic beverage from the person through the use of the Internet.

3-35  The policy must include, without limitation, a method for ensuring

3-36  that the person who delivers the alcoholic beverages obtains the

3-37  signature of a person who is over the age of 21 years when

3-38  delivering the beverages and that the packaging or wrapping of the

3-39  alcoholic beverages when they are shipped is clearly marked with

3-40  words that describe the alcoholic beverages. A person who fails to

3-41  adopt a policy pursuant to this subsection is guilty of a misdemeanor

3-42  and shall be punished by a fine of not more than $500.

 

 

4-1  4.  Upon the written request of a local law enforcement

4-2  agency, the Attorney General may investigate and prosecute any

4-3  violation of this section.

 

4-4  H