Senate Bill No. 373–Senator Schneider

 

CHAPTER..........

 

AN ACT relating to intoxicating liquor; revising certain provisions governing the importation of liquor by a common or contract carrier; 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. NRS 369.450 is hereby amended to read as follows:

    369.450  1.  [The Department shall make regulations and

provide forms for distribution free of charge to all persons qualified

as importers of liquor, to be filled out by exporters and carriers of

liquor consigned to points in this state as evidence for consideration

respecting the legality of such transactions.

    2.] Every common carrier [by special permit shall have with

his or its agent or servant in immediate charge, or in the records of

the carrier, of every shipment of liquor into this state,] and every

regularly operating contract carrier shall make available to the

Department a statement or freight bill for every shipment of liquor

into this state, showing:

    (a) The names of the consignor, consignee and carrier[.] of the

shipment;

    (b) The date when and place where the shipment was received

[.] ; and

    (c) The destination[.

    (d) The number identifying the railroad car, truck or other

conveyance used.

    (e) The quantity and kind of liquor in the shipment, as the case

may be, according to the designation of kind and quantity of liquor

appearing on the statement or freight bill.

    3.] of the shipment.

    2.  The Department may [make rules requiring the carrier to

cause the consignee to sign a statement or a postcard, which

statement or postcard shall be furnished by the Department to the

carrier without expense,] adopt regulations requiring:

    (a) The carrier to:

        (1) Cause a person who is at least 21 years of age to sign

for the receipt of each such shipment by the consignee, and to sign

a document confirming the delivery of the shipment to the

consignee, before the carrier permits the consignee to remove [any

such] the shipment from the point of destination or possession of the

carrier[, and to cause the carrier to forward such statement or

postcard to the Department after having been so signed by the

consignee.

    4.] ; and

        (2) Forward to the consignor the signed document

confirming the delivery of the shipment to the consignee; and

    (b) The consignor to forward to the Department the signed

document confirming the delivery of the shipment to the

consignee.

    3. No liquor [shall] may be imported into this state except by a

common carrier, a regularly operating contract carrier [regularly

operating as such,] or a carrier having a special permit [so to do in

the case of each shipment.

    5.] to do so.

    4.  By special permit, the Department may authorize the

transportation of liquor within this state by means of a conveyance

owned and operated by a licensed importer, or a conveyance owned

and operated by another, not being a common carrier or a regularly

operating contract carrier. As a condition of such permit the

Department may require that a sign be carried on such conveyance

in letters at least 3 inches high, stating that [such] the conveyance is

carrying wholesale liquor by special permit. Such carriers by special

permit [shall be governed by] are subject to the same rules

respecting reports and deliveries of import liquors as [in the case of]

are common carriers and regularly operating contract carriers.

    5.  As used in this section:

    (a) “Common carrier” means a person who undertakes for

hire, as a regular business, the transportation of liquor from place

to place, and who offers its services to all who choose to employ it

and to pay its charges therefor.

    (b) “Regularly operating contract carrier” means a person

who, as a regular business, transports liquor from place to place

pursuant to continuing contractual obligations.

    Sec. 2.  NRS 369.4865 is hereby amended to read as follows:

    369.4865  1.  A retail liquor store that holds a nonrestricted

license may transfer an original package of liquor to another retail

liquor store that holds a nonrestricted license, and that other retail

liquor store may receive the original package of liquor pursuant to

the transfer, if:

    (a) Each retail liquor store:

        (1) Holds its nonrestricted license for the purposes set forth

in subsection 2 of NRS 463.0177; and

        (2) Is in the marketing area of the wholesale dealer from

which the original package of liquor was obtained by the initial

retail liquor store;

    (b) The initial retail liquor store:

        (1) Obtained the original package of liquor in compliance

with the provisions of this chapter;

        (2) Is an affiliate of the retail liquor store that receives the

transfer; and

        (3) Does not charge the retail liquor store that receives the

transfer for the original package of liquor;

    (c) Immediately before the transfer, the original package of

liquor is located at the initial retail liquor store; and

    (d) Pursuant to the transfer, the original package of liquor is

transported from the initial retail liquor store to the other retail

liquor store.

    2.  A transfer authorized by this section shall not be deemed a

sale.

    3.  A retail liquor store that transfers or receives an original

package of liquor as authorized by this section:

    (a) Shall not be deemed to be engaged in business as a

wholesale dealer based upon the transfer authorized by this section.

    (b) Notwithstanding the provisions of subsection [5] 4 of NRS

369.450, may transport the original package of liquor from the

initial retail liquor store to the other retail liquor store without a

special permit for such transportation.

    4.  As used in this section:

    (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

    (b) “Liquor” does not include beer.

    (c) “Marketing area” has the meaning ascribed to it in

NRS 597.136.

    (d) “Nonrestricted license” has the meaning ascribed to it in

NRS 463.0177.

 

²⁰~~~~~⁰³