2005 Nevada Revised Statutes - Chapter 597 — Miscellaneous Trade Regulations and Prohibited Acts

Title 52 - TRADE REGULATIONS AND PRACTICES

CHAPTER 597 - MISCELLANEOUS TRADEREGULATIONS AND PROHIBITED ACTS

LEASE OF PERSONAL PROPERTY WITH OPTION TO PURCHASE

NRS 597.010 Definitions.

NRS 597.020 Applicabilityof laws.

NRS 597.030 Leaseagreement: Disclosures required; exception to requirement; provision of copy tocustomer.

NRS 597.040 Requireddisclosures: Manner of making; transactions with multiple lessors; effect ofinaccuracy caused by customer.

NRS 597.050 Disclosuresrequired upon renegotiation of lease agreement.

NRS 597.060 Leaseagreement: Prohibited provisions.

NRS 597.070 Leaseagreement: Reinstatement after customer fails to make timely payment.

NRS 597.080 Receiptrequired for certain payments by customer.

NRS 597.090 Advertisementfor lease agreement.

NRS 597.100 Criminalpenalty.

NRS 597.110 Civilpenalty.

DEALERS OF FARM EQUIPMENT

NRS 597.112 Definitions.

NRS 597.1123 Dealerdefined.

NRS 597.1127 Dealeragreement defined.

NRS 597.113 Inventorydefined.

NRS 597.1133 Netprice defined.

NRS 597.1137 Supersededpart and superseded repair part defined.

NRS 597.114 Supplierdefined.

NRS 597.1143 Dealeragreement: Termination, failure to renew or substantial change of terms forgood cause.

NRS 597.1147 Returnof surplus parts to supplier; credit for returned parts.

NRS 597.115 Limitationson requirements imposed by supplier upon dealer; prohibition against certainchanges to dealer agreement.

NRS 597.1153 Repurchaseof inventory and equipment by supplier upon termination of dealer agreement.

NRS 597.1157 Requirementsregarding dealers reserve account for recourse after termination of dealeragreement.

NRS 597.116 Limitationson requirements for supplier to repurchase inventory.

NRS 597.1163 Failureof supplier to repurchase inventory.

NRS 597.1167 Deathof dealer or majority shareholder of dealer.

NRS 597.117 Securityinterest of supplier in inventory; inspection of inventory before shipment.

NRS 597.1173 Enforcementby dealer.

NRS 597.1177 Warrantywork performed by dealer; payment of warranty claim by supplier; audit ofclaim.

NRS 597.118 Right,obligation or liability may not be waived.

ALCOHOLIC BEVERAGES

Franchises Between Liquor Suppliers and Wholesalers

NRS 597.120 Definitions.

NRS 597.125 Alcoholicbeverage defined.

NRS 597.130 Franchisedefined.

NRS 597.133 Goodcause defined.

NRS 597.136 Marketingarea defined.

NRS 597.140 Supplierdefined.

NRS 597.150 Wholesalerdefined.

NRS 597.155 Terminationof franchise by supplier: Notice; effective date.

NRS 597.160 Prohibitedacts by supplier; exceptions; correction by wholesaler of alleged failure tocomply with franchise.

NRS 597.165 Requiringwholesaler to increase payment for product prohibited after delivery bysupplier.

NRS 597.170 Remediesof wholesaler.

NRS 597.180 Actionby wholesaler: Defense by supplier.

 

Regulation of Business Practices

NRS 597.190 Statementof legislative policy.

NRS 597.200 Definitions.

NRS 597.210 Limitationson engaging in business of importing, wholesaling or retailing alcoholicbeverages.

NRS 597.220 Importeror wholesaler may not engage in business of retailing alcoholic beverages.

NRS 597.225 Requirementsto serve samples of alcoholic beverages on premises of grocery store.

NRS 597.230 Operationof brew pub.

NRS 597.240 Operationof winery authorized in smaller counties.

NRS 597.245 Operationof instructional wine-making facility.

NRS 597.250 Violations:Suspension or revocation of license.

 

Substitution of Brands

NRS 597.260 Penalty;civil liability.

 

Enforcement

NRS 597.262 Enforcementby Attorney General and district attorneys; exceptions.

ASSISTIVE DEVICES

NRS 597.264 Definitions.

NRS 597.2643 Assistivedevice defined.

NRS 597.2645 Consumerdefined.

NRS 597.2647 Dealerdefined.

NRS 597.265 Manufacturerdefined.

NRS 597.2653 Manufacturerto provide express warranty for new assistive device; effective period ofwarranty; failure to provide warranty.

NRS 597.2655 Repairof assistive device not in conformance with express warranty.

NRS 597.2657 Inabilityof manufacturer or dealer to conform assistive device to express warranty afterreasonable number of repairs: Replacement or refund; presumptions.

NRS 597.266 Manufacturerto reimburse consumer for rental of assistive device in certain circumstances;action against dealer for failure to deliver assistive device for repair intimely manner.

NRS 597.2663 Sale or lease of returned assistive device prohibited unless reason for return disclosedto prospective consumer.

NRS 597.2665 Actionfor damages and equitable relief; costs and attorneys fees.

NRS 597.2667 Rightsand remedies not exclusive; waiver of rights void.

AUTOMOTIVE SERVICES

Service Stations

NRS 597.270 Definitions.

NRS 597.280 Affiliatedefined.

NRS 597.290 Controldefined.

NRS 597.300 Franchiseand franchise agreement defined.

NRS 597.305 Lesseedealer defined.

NRS 597.310 Marketingarea defined.

NRS 597.320 Motorvehicle fuel defined.

NRS 597.330 Pricedefined.

NRS 597.340 Refinerdefined.

NRS 597.350 Refinerydefined.

NRS 597.360 Retailerdefined.

NRS 597.370 Servicestation defined.

NRS 597.380 Wholesalepurchaser defined.

NRS 597.390 Prohibitedpractices of refiners.

NRS 597.400 Faircompensation required on failure of refiner to renew franchise.

NRS 597.410 Requirednotice of termination, cancellation or failure to renew franchise or contract.

NRS 597.420 Effectof failure to serve notice.

NRS 597.430 Mannerof giving notice.

NRS 597.440 Restrictionson refiners operation of service stations.

NRS 597.450 Temporaryoperation of service station by refiner; limitations on temporary operation;price of motor vehicle fuel sold to other retailers.

NRS 597.460 Refinersfailure to act in good faith or use of undue influence prohibited.

NRS 597.470 Judicialrelief; costs and attorneys fees.

 

Automotive Repairs

NRS 597.480 Definitions.

NRS 597.490 Displayof sign required; contents of sign; penalty.

NRS 597.500 Dutiesof garageman on acceptance of vehicle for repair.

NRS 597.510 Estimateof costs required for certain repairs.

NRS 597.520 Noticeof additional charges over estimate required in certain cases.

NRS 597.530 Waiverof estimate of costs or notice of additional charges; execution of waiver.

NRS 597.540 Dutiesof person authorizing repairs upon receipt of notice of additional charges.

NRS 597.550 Replacedparts to be delivered to person authorizing repairs if requested; exception.

NRS 597.560 Recordsto be retained by garageman.

NRS 597.570 Compliancewith NRS 487.035 also required;enforcement of liens and contracts.

NRS 597.580 Violations:Injunctive relief.

NRS 597.590 Violations:Civil penalties.

 

Repairs to Conform to Express Warranties

NRS 597.600 Definitions.

NRS 597.610 Reportof defect in motor vehicle; duty of manufacturer.

NRS 597.620 Submissionof claim to manufacturer for replacement or refund according to designatedprocedure.

NRS 597.630 Dutiesof manufacturer if motor vehicle cannot be conformed to express warranties.

NRS 597.640 Tollingof period for express warranties.

NRS 597.650 Commencementof action by buyer.

NRS 597.660 Waiverof rights by buyer prohibited.

NRS 597.670 Effecton other rights and remedies of buyer.

NRS 597.675 Notificationof manufacturer regarding change in residential address.

NRS 597.680 Reimbursementby manufacturer for cost of repairs to conform vehicle to express warranties.

NRS 597.682 LemonLaw Buyback: General duties regarding retitling, notice and disclosures.

NRS 597.684 LemonLaw Buyback: Form of notice.

NRS 597.686 LemonLaw Buyback: Prohibition against certain nondisclosure agreements.

NRS 597.688 LemonLaw Buyback: Civil action.

 

Miscellaneous Provisions

NRS 597.690 Manufacturerrequired to remedy defects in vehicle related to safety without charge.

NRS 597.710 Unlawfulto place certain transparent material upon windshield or side or rear window ofmotor vehicle for compensation; exception.

RESIDENTIAL SWIMMING POOLS AND SPAS

NRS 597.713 Definitions.[Replaced in revision by NRS 624.900 to 624.915, inclusive.]

NRS 597.715 Repair,restoration, improvement or construction of residential pool or spa: Contractorand subcontractor required to obtain permits and meet certain requirements;builder who directs work and owns property required to comply with laws concerningbonds and insurance; supervision and control of work; prohibition, undercertain circumstances, of unlicensed person assisting builder who ownsproperty. [Replaced in revision by NRS624.930.]

NRS 597.716 Repair,restoration, addition, improvement or construction of residential pool or spa:Duties of contractor; agreement or contract to explain rights of customer;final payment. [Replaced in revision by NRS624.935.]

NRS 597.719 Contractsfor repair, restoration, improvement or construction of residential pool orspa: Regulations setting forth mandatory elements; required contents; contractorto furnish copy of documents and receipt for money paid; contractor to obtainnecessary permits. [Replaced in revision by NRS624.940.]

NRS 597.7191 Standardsfor advertisements used by contractors in connection with sale of contracts forrepair, restoration, improvement or construction of residential pool or spa.[Replaced in revision by NRS 624.945.]

NRS 597.7192 Contractorengaged in repair, restoration, improvement or construction of residential poolor spa prohibited from engaging in certain conduct involving financing.[Replaced in revision by NRS 624.950.]

NRS 597.7194 Enforcementof certain contracts for repair, restoration, improvement or construction ofresidential pool or spa against owner; contractor prohibited from performingwork before certain requirements are satisfied. [Replaced in revision by NRS 624.955.]

NRS 597.7196 Contractorwho engages in repair, restoration, improvement or construction of residentialpool or spa who violates certain statutes or regulations may be required toobtain services of construction control. [Replaced in revision by NRS 624.960.]

NRS 597.7198 Violationof statutes or regulations cause for disciplinary action; criminal penaltiesfor violation of statutes. [Replaced in revision by NRS 624.965.]

WORKS OF ART

NRS 597.720 Definitions.

NRS 597.730 Rightto claim or disclaim authorship.

NRS 597.740 Restrictionson publication and public display; civil remedy; defacement, mutilation oralteration of work.

NRS 597.750 Waiverof rights.

NRS 597.760 Transferof ownership or right of reproduction.

RIGHT OF PUBLICITY

NRS 597.770 Definitions.

NRS 597.780 Scope.

NRS 597.790 Existenceand term of right; written consent required for commercial use; exceptions.

NRS 597.800 Transferabilityof right; commercial use upon death; rights of successors in interest;registration of claim; fee.

NRS 597.810 Remediesfor unauthorized commercial use; liability of owner or employee of medium usedfor advertising.

DEVICES FOR AUTOMATIC DIALING AND ANNOUNCING

NRS 597.812 Devicefor automatic dialing and announcing defined.

NRS 597.814 Useprohibited; exceptions; restrictions.

NRS 597.816 Additionalexceptions to prohibition of use.

NRS 597.818 Penalty.

MISCELLANEOUS PROVISIONS

NRS 597.820 Profiteeringin articles on which there is sales tax; penalty.

NRS 597.830 Unlawfuladditions to entertainment or amusement tax; penalty.

NRS 597.840 Unlawfulretention of deposit for longer than agreed time; penalty.

NRS 597.850 Shoplifting:Merchant may request person on premises to keep merchandise in full view;detention of suspect; immunity of merchant from liability; display of notice.

NRS 597.860 Shoplifting:Civil liability of adult who steals merchandise from or damages property onmerchants premises.

NRS 597.870 Shoplifting:Civil liability of parent or guardian of minor who steals merchandise from ordamages property on merchants premises.

NRS 597.880 Saleand advertising of master keys for motor vehicles limited; penalty.

NRS 597.890 Advertisingthat climate of facility for storage of personal property is controlled:Requirements; penalty; civil liability.

NRS 597.900 Saleof imitation Indian arts and crafts not clearly labeled as imitation prohibited.

NRS 597.910 Salesof rifles and shotguns to residents of Nevada and contiguous states inaccordance with federal law.

NRS 597.915 Informalmerchants: Prohibited acts; penalty; evidence of legal acquisition of newproduct.

NRS 597.940 Restrictionson recording of account number of credit card as condition to accepting checkor draft; restrictions on recording of telephone number as condition toaccepting credit card.

NRS 597.945 Restrictionson printing expiration date or account number of credit card or debit card onreceipt.

NRS 597.950 Unsolicitedmerchandise deemed unconditional gift to recipient; liability of sender;exceptions.

NRS 597.960 Collectionof fee for dishonored check accepted as payment for goods or services.

NRS 597.970 Restrictionson transfer of personal information through electronic transmission. [EffectiveOctober 1, 2008.]

_________

NOTE: Sections 2 and 3 of chapter 478, Statutes of Nevada 2005,at page 2376, have been codified as NRS624.920 and 624.925.

LEASE OF PERSONAL PROPERTY WITH OPTION TO PURCHASE

NRS 597.010 Definitions. As used in NRS 597.010to 597.110, inclusive, unless thecontext otherwise requires:

1. Consummation means the time at which a customerbecomes contractually obligated under a lease agreement with an option topurchase.

2. Customer means a natural person who leasespersonal property which is to be used primarily for personal, family orhousehold purposes pursuant to a lease agreement with an option to purchase.

3. Lease agreement with an option to purchase meansan agreement:

(a) For the possession and use of personal property bya natural person primarily for personal, family or household purposes, for aninitial period of not more than 4 months;

(b) That is automatically renewable with each paymentmade after the initial period;

(c) That does not obligate or require the customer tocontinue leasing or using the property beyond the initial period; and

(d) That permits the customer to acquire the ownershipof the property.

4. Lessor means a person who regularly provides thepossession and use of property pursuant to a lease agreement with an option topurchase and to whom rental payments are initially payable as indicated on theface of the agreement.

(Added to NRS by 1991, 515)(Substituted in revisionfor NRS 598.2803)

NRS 597.020 Applicabilityof laws.

1. A lease agreement with an option to purchase whichcomplies with the provisions of NRS 597.010to 597.110, inclusive, is exempt fromthe provisions of law governing:

(a) A security interest as defined in NRS 104.1201.

(b) A door-to-door sale as defined in NRS 598.180.

(c) The sale of consumer goods as defined in NRS 104.9102.

2. The provisions of NRS597.010 to 597.110, inclusive, donot apply to:

(a) A lease agreement with an option to purchaseentered into primarily for business, commercial or agricultural purposes.

(b) A lease agreement with an option to purchase madewith any governmental agency.

(c) The lease of a safe deposit box.

(d) A lease or bailment of personal property which isincidental to the lease of real property and which does not provide thecustomer with an option to purchase the leased property.

(e) The lease of a motor vehicle.

(Added to NRS by 1991, 516; A 1999, 393; 2005, 885)

NRS 597.030 Leaseagreement: Disclosures required; exception to requirement; provision of copy tocustomer.

1. Except as otherwise provided in subsection 2, alease agreement with an option to purchase must contain the followingdisclosures, if applicable:

(a) The total number and total amount of all payments whichare necessary to acquire ownership of the leased property, and the dates onwhich those payments are due.

(b) A statement that the customer will not own theleased property until he makes all of the payments necessary to acquireownership.

(c) A statement that the customer is responsible forthe fair market value of the leased property if it is lost, stolen, damaged ordestroyed.

(d) A brief description of the leased property which issufficient to identify the property to the customer and lessor, including:

(1) The identification number of the property,if available; and

(2) A statement indicating whether the propertyis new or used. It is not a violation of this section to indicate that newproperty is used.

(e) A brief description of any damage to the leasedproperty.

(f) A statement of the price at which the lessor willsell the leased property to the customer for cash on the date of the agreement.If at least five items are leased as a set in a single agreement, the aggregateprice of all of the items leased may be indicated.

(g) The total amount of the payments required to bepaid at or before the consummation of the agreement or the delivery of theleased property, whichever is later.

(h) A statement that the total amount of all paymentsrequired to be paid does not include other fees which may be charged.

(i) A statement of all other fees which may be charged,including, but not limited to, fees for:

(1) The failure to make timely payments.

(2) Defaulting on the agreement.

(3) Reinstating the agreement.

(4) Returning the leased property to the lessor.

(j) A summary of the terms of the customers option topurchase the leased property, including a statement that the customer has theright to purchase the leased property at any time before the termination of thelease, and the price at which the property may be so purchased.

(k) A statement identifying the person who isresponsible for maintaining and servicing the property while it is beingleased, and a description of that responsibility.

(l) A statement that if any part of the manufacturersexpress warranty covers the leased property when the customer acquiresownership of the property, it will be transferred to the customer if allowed bythe terms of the warranty.

(m) The date of the transaction and the names of thecustomer and lessor.

(n) A statement that the customer may terminate theagreement without penalty by voluntarily surrendering or returning the leasedproperty in good repair at the expiration of the term of the lease, and payingany rental payments that are past due.

(o) A notice of the customers right to reinstate theagreement pursuant to NRS 597.070.

2. A lessor is not required to comply with theprovisions of this section if the transaction is governed by Part E of theConsumer Credit Protection Act, 15 U.S.C. 1667 to 1667e, inclusive, and thelessor complies with the requirements of those sections and the regulationsadopted pursuant thereto.

3. The lessor shall provide the customer with a copyof the lease agreement with an option to purchase.

(Added to NRS by 1991, 516)(Substituted in revisionfor NRS 598.2804)

NRS 597.040 Requireddisclosures: Manner of making; transactions with multiple lessors; effect ofinaccuracy caused by customer.

1. The disclosures required to be made by NRS 597.030 must be made:

(a) At or before the consummation of the leaseagreement with an option to purchase; and

(b) Clearly and conspicuously in writing on the face ofthe agreement, directly above the line for the customers signature.

2. In a transaction involving more than one lessor,only one lessor is required to make the required disclosures, but all lessorsare bound by those disclosures.

3. If a disclosure becomes inaccurate after it isdelivered to the customer because of an act or omission of the customer, theresulting inaccuracy is not a violation of the provisions of NRS 597.010 to 597.110, inclusive.

(Added to NRS by 1991, 517)(Substituted in revisionfor NRS 598.28045)

NRS 597.050 Disclosuresrequired upon renegotiation of lease agreement.

1. The disclosures required by NRS 597.030:

(a) Must be made if a lease agreement with an option topurchase is renegotiated.

(b) Are not required to be made if such an agreement isextended.

2. For the purposes of this section, a lease agreementwith an option to purchase:

(a) Is renegotiated if it is replaced by a newagreement entered into by the same customer and lessor.

(b) Has not been renegotiated if:

(1) The leased property is exchanged or added toor individual items are returned and the average payment is not changed by morethan 25 percent;

(2) One or more of the periodic payments orportions of a periodic payment are deferred or extended;

(3) Any additional fees charged are reduced; or

(4) It is the subject of a judicial proceeding.

(Added to NRS by 1991, 518)(Substituted in revisionfor NRS 598.2805)

NRS 597.060 Leaseagreement: Prohibited provisions. A leaseagreement with an option to purchase may not contain:

1. A confession of judgment.

2. A negotiable instrument.

3. A security interest or any other claim to aninterest in property other than the property delivered by the lessor pursuantto the agreement.

4. An assignment of wages.

5. A waiver by the customer of any claims or defenses.

6. A provision authorizing the lessor, or any otherperson acting on his behalf, to commit any breach of the peace, in order torepossess the leased property.

(Added to NRS by 1991, 518)(Substituted in revisionfor NRS 598.28055)

NRS 597.070 Leaseagreement: Reinstatement after customer fails to make timely payment.

1. A customer who fails to make a timely payment mayreinstate the lease agreement with an option to purchase without losing anyrights or options contained in the agreement if he pays to the lessor:

(a) All payments that are past due;

(b) The reasonable costs of returning the property tothe lessor and redelivering it to the customer, if the leased property has beenreturned to the lessor; and

(c) Any applicable fee for making a late payment.

2. The payments required to be made by subsection 1must be made within:

(a) Five days after the date for renewing the agreementif the customers payments are required to be made monthly; or

(b) Two days after the date for renewing the agreementif the customers payments are required to be made more frequently.

3. If a customer has paid less than two-thirds of thetotal amount of the payments necessary to acquire ownership of the leasedproperty and, during the time set forth in subsection 2, returns or voluntarilysurrenders the property to the lessor, other than pursuant to a judicial order,the customer may reinstate the agreement within 21 days after the date on whichthe property was returned.

4. If a customer has paid at least two-thirds of thetotal amount of the payments necessary to acquire ownership of the leasedproperty and, during the time set forth in subsection 2, returns or voluntarilysurrenders the property to the lessor, other than pursuant to a judicial order,the customer may reinstate the agreement within 45 days after the date on whichthe property was returned.

5. This section does not prohibit a lessor fromrepossessing the leased property during the time allowed for reinstatement. Ifthe lessor repossesses the leased property during that time:

(a) The repossession does not affect the customersright to reinstate the agreement.

(b) The lessor shall return the property to thecustomer or provide him with property which is of comparable quality and incomparable condition if the agreement is reinstated.

(Added to NRS by 1991, 518)(Substituted in revisionfor NRS 598.2806)

NRS 597.080 Receiptrequired for certain payments by customer. Alessor shall give to a customer a written receipt for each payment made in cashor with a money order.

(Added to NRS by 1991, 519)(Substituted in revisionfor NRS 598.28065)

NRS 597.090 Advertisementfor lease agreement.

1. An advertisement for a lease agreement with anoption to purchase that refers to or states the amount of any required paymentand the right to acquire ownership of any individual item of property mustclearly and conspicuously indicate:

(a) That the transaction advertised is a leaseagreement with an option to purchase;

(b) The total amount of payments necessary to acquireownership of the property; and

(c) That the customer does not acquire ownership of theproperty if the total amount of payments is not paid.

2. This section does not apply to an advertisement fora lease agreement with an option to purchase which is published in a telephoneor business directory.

3. This section does not create any liability for theacts of a publisher, owner, agent or employee of a newspaper, magazine,periodical, radio station, television station or other advertising medium forthe publication or dissemination of an advertisement for a lease agreement withan option to purchase if the publisher, owner, agent or employee did not knowthat the advertisement violated the provisions of this section.

4. As used in this section, advertisement means theattempt by publication, dissemination, solicitation or circulation to induce,directly or indirectly, any person to enter into a lease agreement with anoption to purchase.

(Added to NRS by 1991, 519)(Substituted in revisionfor NRS 598.2807)

NRS 597.100 Criminalpenalty. A person who willfully andintentionally violates any provision of NRS597.010 to 597.090, inclusive, isguilty of a misdemeanor.

(Added to NRS by 1991, 519)(Substituted in revisionfor NRS 598.28075)

NRS 597.110 Civilpenalty. Unless the lease agreement with anoption to purchase provides otherwise:

1. In addition to any penalty imposed pursuant to NRS 597.100, the lessor or his assignee isliable, except as otherwise provided in subsection 3, in civil suit to thecustomer for an amount equal to the actual damages resulting from a violationof a provision of NRS 597.010 to 597.110, inclusive, or 25 percent of thetotal cost to acquire ownership of the property under the lease agreement,whichever amount is greater. The court shall award the prevailing party in suchan action attorneys fees and his costs of the action.

2. If the lessor commences a civil suit to enforcesuch a lease agreement, the customer may set off or counterclaim damages in theamount specified in subsection 1 for such a violation.

3. Such a civil penalty may not be imposed upon alessor or his assignee unless:

(a) The customer has notified the lessor or, ifapplicable, his assignee in writing of the alleged violation; and

(b) The lessor or assignee does not correct theviolation, if any, within 30 days after receiving the notice.

(Added to NRS by 1991, 519)(Substituted in revisionfor NRS 598.2808)

DEALERS OF FARM EQUIPMENT

NRS 597.112 Definitions. As used in NRS 597.112to 597.118, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 597.1123 to 597.114, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2003, 3399)

NRS 597.1123 Dealerdefined. Dealer means any person who engagesin the business of selling inventory.

(Added to NRS by 2003, 3399)

NRS 597.1127 Dealeragreement defined. Dealer agreement meansan oral or written agreement between a supplier and a dealer by which:

1. A commercial relationship of definite duration orcontinuing indefinite duration is established;

2. The dealer is granted the right to offer and sellinventory at retail;

3. The dealer constitutes a component of a system forthe distribution of inventory; and

4. The operation of a portion of the dealers businessis substantially dependent upon the supplier for a continued supply ofinventory.

(Added to NRS by 2003, 3399)

NRS 597.113 Inventorydefined. Inventory means farm equipment orany attachments or repair parts for that farm equipment.

(Added to NRS by 2003, 3399)

NRS 597.1133 Netprice defined. Net price means the priceset forth in the price list or catalog of a supplier which is in effect when adealer agreement is terminated, less any applicable trade or cash discounts.

(Added to NRS by 2003, 3400)

NRS 597.1137 Supersededpart and superseded repair part defined. Supersededpart or superseded repair part means a part which has an equivalent functionof a part which is available on the date of the termination of a dealer agreement.

(Added to NRS by 2003, 3400)

NRS 597.114 Supplierdefined. Supplier means:

1. A manufacturer, wholesaler or wholesale distributorof new inventory;

2. A purchaser of the assets or shares of a survivingcorporation resulting from a merger or liquidation of a supplier; or

3. A receiver, assignee or trustee of such amanufacturer, wholesaler or wholesale distributor.

(Added to NRS by 2003, 3400)

NRS 597.1143 Dealeragreement: Termination, failure to renew or substantial change of terms forgood cause.

1. A supplier shall not terminate, fail to renew orsubstantially change the terms of a dealer agreement without good cause.

2. Except as otherwise provided in this section, asupplier may terminate or refuse to renew a dealer agreement for good cause ifthe supplier provides to the dealer a written notice setting forth the reasonsfor the termination or nonrenewal of the dealer agreement at least 180 daysbefore the termination or nonrenewal of the dealer agreement.

3. A supplier shall include in the written noticerequired by subsection 2 an explanation of the deficiencies of the dealer andthe manner in which those deficiencies must be corrected. If the dealercorrects the deficiencies set forth in the notice within 60 days after hereceives the notice, the supplier shall not terminate or fail to renew thedealer agreement for the reasons set forth in the notice.

4. A supplier shall not terminate or refuse to renew adealer agreement based solely on the failure of the dealer to comply with therequirements of the dealer agreement concerning the share of the market thedealer was required to obtain unless the supplier has, for not less than 1year, provided assistance to the dealer in the dealers effort to obtain therequired share of the market.

5. A supplier is not required to comply with theprovisions of subsections 2 and 3 if the supplier terminates or refuses torenew a dealer agreement for any reason set forth in paragraphs (b) to (i),inclusive, of subsection 6.

6. As used in this section, good cause means:

(a) A dealer fails to comply with the terms of a dealeragreement, if the terms are not substantially different from the terms requiredfor other dealers in this state or any other state;

(b) A closeout or sale of a substantial part of thebusiness assets of a dealer or a commencement of the dissolution or liquidationof the business assets of the dealer;

(c) A dealer changes its principal place of business oradds other places of business without the prior approval of the supplier, whichmay not be unreasonably withheld;

(d) A dealer substantially defaults under a chattelmortgage or other security agreement between the dealer and the supplier;

(e) A guarantee of a present or future obligation of adealer to the supplier is revoked or discontinued;

(f) A dealer fails to operate in the normal course ofbusiness for at least 7 consecutive days;

(g) A dealer abandons the dealership;

(h) A dealer pleads guilty to or is convicted of afelony affecting the business relationship between the dealer and supplier; or

(i) A dealer transfers a financial interest in thedealership, a person who has a substantial financial interest in the ownershipor control of the dealership dies or withdraws from the dealership, or thefinancial interest of a partner or major shareholder in the dealership issubstantially reduced.

For thepurposes of this section, good cause does not exist if the supplier consents toany action described in this section.

(Added to NRS by 2003, 3400)

NRS 597.1147 Returnof surplus parts to supplier; credit for returned parts.

1. Each year a supplier shall allow each dealer withwhom it has entered into a dealer agreement to return to the supplier forcredit a portion of the surplus parts in the dealers inventory.

2. A supplier shall notify each dealer of the periodit has designated for that dealer to submit a list of the surplus parts thedealer wishes to return and for that dealer to return the surplus parts to thesupplier. The period designated for each dealer for the return of surplus partsmust not be less than 90 days.

3. If a supplier fails to notify a dealer of theperiod during which the dealer may return surplus parts within the preceding 12months, the supplier shall authorize the return of a dealers surplus partswithin 60 days after the supplier receives a request from the dealer to returnthe surplus parts.

4. A dealer may return surplus parts equal to not morethan 10 percent of the value of the parts purchased by the dealer from thesupplier during:

(a) The 12-month period immediately preceding thenotice provided to the dealer by the supplier pursuant to subsection 2; or

(b) The month the supplier receives a request from adealer pursuant to subsection 3 to return surplus parts to the supplier,

whichever isapplicable.

5. Any part included in the suppliers list ofreturnable parts or any superseded part that is not eligible for return to thesupplier on the date the supplier provides notice to the dealer pursuant tosubsection 2 or the date the supplier receives the dealers request pursuant tosubsection 3, whichever is applicable, is eligible for credit as a returnedsurplus part. A part which is returned must be in new and undamaged conditionand must have been purchased by the dealer from the supplier to whom it isreturned.

6. The minimum credit allowed for a returned part is95 percent of the net price, as set forth in the suppliers list of returnableparts on the date the supplier provides notice to the dealer pursuant tosubsection 2 or the date the supplier receives the dealers request pursuant tosubsection 3, whichever is applicable.

7. All applicable credit for the returned parts mustbe issued or provided to the dealer within 90 days after the supplier receivesthe dealers returned surplus parts.

8. The provisions of this section:

(a) Do not apply to a supplier that has established aprogram for its dealers for the return of surplus repair parts if the programprovides credit of not less than 85 percent of the net price for the returnedrepair parts;

(b) Do not prohibit a supplier from charging a dealersaccount for the amounts previously paid or credited by the supplier as adiscount incident to the dealers purchase of goods; and

(c) Do not require a dealer to return for creditsurplus parts to a supplier.

(Added to NRS by 2003, 3401)

NRS 597.115 Limitationson requirements imposed by supplier upon dealer; prohibition against certainchanges to dealer agreement. A supplier shallnot:

1. Require a dealer to accept delivery of equipment,parts or accessories which the dealer has not ordered unless the equipment,parts or accessories are required by the supplier for the safe use of anyinventory provided to the dealer by the supplier;

2. Condition the sale of any equipment to a dealerupon the purchase of additional goods or services, except that a supplier mayrequire a dealer to purchase those parts which are necessary to maintain theequipment used in the area where the dealership is located;

3. Prohibit a dealer from purchasing equipmentmanufactured by another supplier; or

4. Terminate, fail to renew or substantially changethe terms of a dealer agreement because of a natural disaster, including adrought in the market area of the dealership, a labor dispute or any othersimilar circumstances which are beyond the control of the dealer.

(Added to NRS by 2003, 3402)

NRS 597.1153 Repurchaseof inventory and equipment by supplier upon termination of dealer agreement.

1. Except as otherwise provided in this section, uponthe termination of a dealer agreement by a supplier or dealer, the suppliershall repurchase the inventory held by the dealer on the date of thetermination of the dealer agreement.

2. A supplier who repurchases the inventory of adealer pursuant to subsection 1 shall:

(a) Pay the dealer:

(1) One hundred percent of the net price of allnew and undamaged inventory; and

(2) Ninety-five percent of the net price of newand undamaged superseded repair parts.

(b) Except as otherwise provided in this paragraph, paythe dealer an amount equal to 5 percent of the net price of all new andundamaged repair parts returned to the supplier to cover the cost incurred bythe dealer for handling, packing and shipping the superseded repair parts tothe supplier. If the supplier handles, packs and ships the superseded repairparts, the dealer is not entitled to receive any money for those services whichthe supplier performed.

(c) Purchase, at its depreciated value, any computers,software or telecommunications equipment that the supplier required the dealerto purchase within the previous 5 years.

(d) Repurchase, at 75 percent of the net cost, anyspecialized repair tools purchased if those tools are:

(1) Included in the tool catalog of thesupplier;

(2) Purchased in accordance with therequirements of the supplier;

(3) Held by the dealer on the date of thetermination of the dealer agreement; and

(4) Complete and in resalable condition.

(e) Repurchase any inventory which is owned by thesupplier and leased, rented or used in demonstrations by the dealer if thesupplier receives an allowance based on the use of such inventory. Inventorywhich is used in demonstrations for not more than a total of 50 hours shall bedeemed new inventory. Inventory which is used in demonstrations for more than50 hours and purchased from the supplier less than 36 months before thetermination of the dealers agreement must be repurchased at its depreciatedvalue, as determined by the supplier and dealer.

3. If the dealer agreement authorizes the dealer toretain the inventory upon the termination of the dealer agreement, the dealermay retain any portion of the inventory, except any specialized tools describedin paragraph (d) of subsection 2 which the supplier wishes to repurchase fromthe dealer.

4. If the dealer owes any outstanding debts to thesupplier, the amount of the repurchase of the inventory may be set off orcredited to the account of the dealer.

5. Upon payment to the dealer of the amount for therepurchase of the inventory pursuant to this section, the title and right ofpossession to the inventory transfers to the supplier.

(Added to NRS by 2003, 3402)

NRS 597.1157 Requirementsregarding dealers reserve account for recourse after termination of dealeragreement.

1. At the end of each year after the termination of adealer agreement, a dealers reserve account for recourse, retail sale or leasecontracts may not be debited by a supplier or lender for any deficiency unlessthe dealer is given written notice of at least 7 business days by certified orregistered mail, return receipt requested, of any proposed sale of theinventory which was financed and an opportunity to purchase the inventory.

2. The dealer must be given quarterly reportsconcerning any remaining outstanding recourse contracts. As the recoursecontracts are reduced, any money in the reserve account must be returned to thedealer in direct proportion to the liabilities outstanding.

(Added to NRS by 2003, 3403)

NRS 597.116 Limitationson requirements for supplier to repurchase inventory. Theprovisions of NRS 597.112 to 597.118, inclusive, do not require asupplier to repurchase from a dealer:

1. Any repair part which is not in new and undamagedcondition or, because of its condition, is not resalable as a new part;

2. Any inventory which the dealer retains pursuant tosubsection 3 of NRS 597.1153;

3. Any inventory which is not in new, undamaged andcomplete condition;

4. Any inventory which was ordered by the dealer on orafter the date of the termination of the dealer agreement; or

5. Any inventory which was purchased more than 36months before the notice of the termination of the dealer agreement isprovided.

(Added to NRS by 2003, 3403)

NRS 597.1163 Failureof supplier to repurchase inventory. If asupplier fails or refuses to repurchase and pay a dealer for any inventory thesupplier is required to repurchase in accordance with the provisions of NRS 597.112 to 597.118, inclusive, within 60 days aftershipment of the inventory to the supplier, the supplier is liable for:

1. An amount equal to 100 percent of the net price ofthe inventory;

2. Any shipping charges paid by the dealer;

3. Attorneys fees and court costs; and

4. An amount equal to the interest on the amount ofthe net price calculated at the legal rate of interest from the 61st day afterthe date of the shipment of the inventory to the supplier.

(Added to NRS by 2003, 3403)

NRS 597.1167 Deathof dealer or majority shareholder of dealer.

1. Upon the death of a dealer or the majorityshareholder of a corporation which operates as a dealer, the supplier shall,upon the approval or request of the devisee or heir of the dealer or majorityshareholder, repurchase the inventory of the dealer in the manner prescribed inNRS 597.1153.

2. The devisee or heir shall, within 1 year after thedeath of the dealer or majority stockholder, notify the supplier whether the supplierwill be required to repurchase the inventory of the dealer.

3. A supplier is not required to repurchase theinventory of the dealer if the devisee or heir and the supplier enter into anew dealer agreement to operate the dealership.

4. This section does not authorize any person,including a devisee or heir, to operate a dealership without the writtenapproval of the supplier.

5. An agreement executed by the supplier and dealerthat sets forth the rights relating to succession to the operation of thedealership is enforceable without regard to the person who is designated as thesuccessor to the dealership.

6. As used in this section:

(a) Devisee has the meaning ascribed to it in NRS 132.100.

(b) Heir has the meaning ascribed to it in NRS 132.165.

(Added to NRS by 2003, 3403)

NRS 597.117 Securityinterest of supplier in inventory; inspection of inventory before shipment. The provisions of NRS597.112 to 597.118, inclusive, donot affect any security interest which a supplier has in the inventory of adealer. The dealer and supplier shall each provide a representative to inspectthe inventory and certify its acceptability when packaged for shipment. Thefailure of the supplier to provide a representative for the inspection within60 days shall be deemed acceptance by the supplier of the inventory returned tothe supplier.

(Added to NRS by 2003, 3404)

NRS 597.1173 Enforcementby dealer.

1. A dealer may bring a civil action for damages in acourt of competent jurisdiction against a supplier who violates any of theprovisions of NRS 597.112 to 597.118, inclusive, and may recover damagesincurred as a result of any violation committed by the supplier, includingcosts and attorneys fees.

2. A dealer may apply for injunctive relief for theunlawful termination, nonrenewal or substantial change of the terms of a dealeragreement.

3. The remedies provided in this section are inaddition to any other remedies provided by law.

(Added to NRS by 2003, 3404)

NRS 597.1177 Warrantywork performed by dealer; payment of warranty claim by supplier; audit ofclaim.

1. Except as otherwise provided in this section, any agreemententered into by a supplier and a dealer concerning reimbursement for workperformed under a warranty, including, without limitation, a dealer agreement,must comply with the provisions set forth in this section.

2. A supplier who authorizes a dealer to perform workunder a warranty shall reimburse a dealer who submits a warranty claim for suchwork. A dealer may submit a warranty claim to a supplier:

(a) During the period the dealer agreement is ineffect; or

(b) After the termination of a dealer agreement if thewarranty claim concerns work performed under a warranty during the period thedealer agreement was in effect.

3. A warranty claim which is submitted to a suppliermust be paid within 30 days after the claim is approved by the supplier. Thesupplier shall approve or disapprove a warranty claim or any part thereofwithin 30 days after it receives the warranty claim. If the warranty claim isdisapproved, the supplier shall, not later than 30 days after it receives thewarranty claim, send written notice to the dealer setting forth the reasons fordisapproval of the warranty claim. A warranty claim which is not disapproved bythe supplier within the prescribed period shall be deemed approved.

4. The amount of a warranty claim must not be lessthan the amount equal to the sum of:

(a) The reasonable and customary time required by thedealer to complete the work, including diagnostic time, expressed in hours andfractions of hours, multiplied by the dealers hourly retail rate for labor;

(b) The dealers net price for any repair partsreplaced, plus 20 percent of the net price for those parts; and

(c) If a warranty claim concerns repair work for anyequipment which is performed by the dealer in accordance with a safety ormodification order issued by a supplier, the costs incurred by the dealer totransport to the dealers place of business for repair any equipment which iswithin the dealers service area and subject to a safety or modification order.

5. After a supplier has paid a warranty claim, thesupplier shall not charge back, set off or otherwise attempt to recover from adealer any amount of the warranty claim unless:

(a) The warranty claim is fraudulent;

(b) The work was not performed properly or was notnecessary to comply with the requirements of the warranty; or

(c) The dealer did not provide the records for thewarranty claim as required by the agreement for work performed under thewarranty.

6. A supplier shall not require a dealer to pay thecosts incurred by the supplier in paying warranty claims by:

(a) Imposing a surcharge;

(b) Reducing any discounts provided to a dealer; or

(c) Imposing additional requirements for thecertification of a dealer authorized to perform work under a warranty.

7. Except for a warranty claim where fraud is alleged,a supplier may not audit the records of a dealer relating to a warranty claimmore than 1 year after the warranty claim is submitted to the supplier. Asupplier may not audit a warranty claim more than once. The provisions of thissubsection do not prohibit a supplier from requesting additional informationfrom a dealer if the initial audit of the warranty claim indicates any errors,inconsistencies or fraud.

8. The provisions of this section do not apply to awritten dealer agreement which provides compensation to a dealer for any laborrequired to be performed under a warranty before the labor is performed if thecompensation is based on:

(a) A reduction of the price of the equipment sold tothe dealer; or

(b) A lump-sum payment of not less than 5 percent ofthe suggested retail price of the equipment.

9. As used in this section:

(a) Audit means an examination by a supplier of therecords of a warranty claim submitted by a dealer.

(b) Net price means the price a supplier charges adealer for a repair part.

(c) Warranty claim means a request submitted by adealer to a supplier for payment for work performed under a warranty or asafety or modification order issued by the supplier.

(Added to NRS by 2003, 3404)

NRS 597.118 Right,obligation or liability may not be waived.

1. A person may not waive or modify a right,obligation or liability set forth in the provisions of NRS 597.112 to 597.118, inclusive.

2. A condition, stipulation or provision of a dealeragreement or any other agreement that:

(a) Limits the procedural or substantive rights of adealer pursuant to the provisions of NRS597.112 to 597.118, inclusive;

(b) Requires a person to waive a right set forth in theprovisions of NRS 597.112 to 597.118, inclusive; or

(c) Relieves a person of an obligation or liabilityimposed by the provisions of NRS 597.112to 597.118, inclusive,

is void.

(Added to NRS by 2003, 3406)

ALCOHOLIC BEVERAGES

Franchises Between Liquor Suppliers and Wholesalers

NRS 597.120 Definitions. As used in NRS 597.120to 597.180, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 597.125 to 597.150, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1973, 1353; A 1995, 1569)

NRS 597.125 Alcoholicbeverage defined. Alcoholic beverage hasthe meaning ascribed to it in NRS 597.200.

(Added to NRS by 1995, 1567)

NRS 597.130 Franchisedefined. Franchise means a contract or agreementeither expressed or implied, whether written or oral, between a supplier andwholesaler, wherein:

1. A commercial relationship of definite duration orcontinuing indefinite duration is involved; and

2. The wholesaler is granted the right to offer, selland distribute within this state or any designated area thereof such of thesuppliers brands of packaged malt beverages, distilled spirits and wines, orall of them, as may be specified.

(Added to NRS by 1973, 1353)(Substituted in revisionfor NRS 598.300)

NRS 597.133 Goodcause defined. Good cause means:

1. Failure by a wholesaler to comply substantiallywith essential and reasonable requirements imposed on him by a supplier, orsought to be imposed by a supplier, if the requirements are not discriminatoryas compared with requirements imposed on other similarly suited wholesalerseither by their terms or in the manner of their enforcement.

2. Bad faith by the wholesaler in carrying out theterms of the franchise agreement.

(Added to NRS by 1995, 1567)

NRS 597.136 Marketingarea defined. Marketing area means the areawhere a wholesaler sells a product of a supplier pursuant to the terms,provisions and conditions of a franchise.

(Added to NRS by 1995, 1567)

NRS 597.140 Supplierdefined. Supplier means any person, partnership,corporation or other form of business enterprise engaged in business as a manufacturer,distiller, rectifier, brewer, importer, vintner, broker or agent therefor,which distributes any or all of its brands of malt beverages, distilled spiritsand wines, or all of them, through licensed wholesalers in this state.

(Added to NRS by 1973, 1353)(Substituted in revisionfor NRS 598.310)

NRS 597.150 Wholesalerdefined. Wholesaler means any person, partnership,corporation or other form of business enterprise licensed by the Nevada TaxCommission to sell malt beverages, distilled spirits and wines, or all of them,as it is originally packaged to retail liquor stores or to another licensedwholesaler, but not to sell to the consumer or general public.

(Added to NRS by 1973, 1353; A 1995, 1569)

NRS 597.155 Terminationof franchise by supplier: Notice; effective date.

1. Except as otherwise provided in subsection 2, asupplier must, at least 90 days before he terminates or refuses to continue anyfranchise with a wholesaler or causes a wholesaler to resign from anyfranchise, send a notice by certified mail, return receipt requested, to thewholesaler. The notice must include:

(a) The reason for the proposed action and adescription of any failure of the wholesaler to comply with the terms,provisions and conditions of the franchise alleged by the supplier pursuant to NRS 597.160; and

(b) A statement that the wholesaler may correct anysuch failure within the period prescribed in NRS597.160.

2. Any action taken by a supplier pursuant tosubsection 1 becomes effective on the date the wholesaler receives the noticerequired pursuant to subsection 1 if the wholesaler:

(a) Has had his license to sell alcoholic beveragesissued pursuant to state or federal law revoked or suspended for more than 31days;

(b) Is insolvent pursuant to 11 U.S.C. 101;

(c) Has had an order for relief entered against himpursuant to 11 U.S.C. 701 et seq.;

(d) Has had his ability to conduct businesssubstantially affected by a liquidation or dissolution;

(e) Or any other person who has a financial interest inthe wholesaler of not less than 10 percent and is active in the management ofthe wholesaler has been convicted of or has pleaded guilty to a felony and thesupplier determines that the conviction or plea substantially and adverselyaffects the ability of the wholesaler to sell the products of the supplier;

(f) Has committed fraud or has made a materialmisrepresentation in his dealings with the supplier or the products of thesupplier;

(g) Has sold alcoholic beverages which the wholesalerreceived from the supplier to:

(1) A retailer who the wholesaler knows orshould know does not have a place of business where the retailer is entitled tosell alcoholic beverages within the marketing area of the wholesaler; or

(2) Any person who the wholesaler knows orshould know sells or supplies alcoholic beverages to any retailer who does nothave a place of business where the retailer is entitled to sell alcoholicbeverages within the marketing area of the wholesaler;

(h) Has failed to pay for any product ordered anddelivered pursuant to the provisions of an agreement between the supplier andwholesaler within 7 business days after the supplier sends to the wholesaler awritten notice which includes a statement that he has failed to pay for theproduct and a demand for immediate payment;

(i) Has made an assignment for the benefit of creditorsor a similar disposition of substantially all the assets of his franchise;

(j) Or any other person who has a financial interest inthe wholesaler has:

(1) Transferred or attempted to transfer theassets of the franchise, voting stock of the wholesaler or voting stock of anyparent corporation of the wholesaler; or

(2) Changed or attempted to change thebeneficial ownership or control of any such entity,

unless thewholesaler first notified the supplier in writing and the supplier has notunreasonably withheld his approval; or

(k) Discontinues selling the products of the supplier,unless:

(1) The discontinuance is a result of anaccident which the wholesaler was unable to prevent;

(2) The wholesaler has, if applicable, takenaction to correct the condition which caused the accident; and

(3) The wholesaler has notified the supplier ofthe accident if he has discontinued selling the products of the supplier formore than 10 days.

(Added to NRS by 1995, 1567)

NRS 597.160 Prohibitedacts by supplier; exceptions; correction by wholesaler of alleged failure tocomply with franchise.

1. Except as otherwise provided in subsection 4, ifmore than one franchise for the same brand or brands of malt beverages,distilled spirits and wines, or all of them, is granted to differentwholesalers in this state, it is a violation of NRS 597.120 to 597.180, inclusive, for any supplier todiscriminate between such wholesalers with respect to any of the terms,provisions and conditions of these franchises.

2. Except as otherwise provided in this subsection andnotwithstanding the terms, provisions or conditions of any franchise, asupplier shall not unilaterally terminate or refuse to continue any franchisewith a wholesaler or cause a wholesaler to resign from that franchise unlessthe supplier has first established good cause for that termination,noncontinuance or causing of that resignation. This subsection does not applyto a supplier who sells less than 2,500 barrels of malt beverages, less than250 cases of distilled spirits or less than 2,000 cases of wine in this statein any calendar year, or who operates a winery pursuant to NRS 597.240.

3. A wholesaler may, within 60 days after he receivesa notice required pursuant to NRS 597.155,correct any failure to comply with the terms, provisions and conditions of thefranchise alleged by the supplier.

4. Unless otherwise specified by contract between thesupplier and wholesaler, a supplier shall not grant more than one franchise toa wholesaler for any brand of alcoholic beverage in a marketing area.

(Added to NRS by 1973, 1354; A 1995, 1569)

NRS 597.165 Requiringwholesaler to increase payment for product prohibited after delivery bysupplier. A supplier shall not require awholesaler to increase his payment to the supplier for any product of thatsupplier after the product is delivered to the wholesaler.

(Added to NRS by 1995, 1567)

NRS 597.170 Remediesof wholesaler.

1. Any wholesaler may bring an action in a court ofcompetent jurisdiction against a supplier for violation of NRS 597.120 to 597.180, inclusive, and may recover thedamages sustained by him, together with such costs of the action and reasonableattorneys fees as are authorized under NRS18.110.

2. The remedies provided in NRS 597.120 to 597.180, inclusive, are independent of andsupplemental to any other remedy or remedies available to the wholesaler in lawor equity.

(Added to NRS by 1973, 1354)(Substituted in revisionfor NRS 598.340)

NRS 597.180 Actionby wholesaler: Defense by supplier. In anyaction brought by a wholesaler against a supplier for termination ornoncontinuance of, or causing to resign from a franchise in violation of NRS 597.120 to 597.180, inclusive, the supplier has theburden of establishing that he acted for good cause and that the wholesaler didnot act in good faith. It is a complete defense for the supplier to prove thatthe termination, noncontinuance or causing to resign was done in good faith andfor good cause.

(Added to NRS by 1973, 1354; A 1995, 1569)

Regulation of Business Practices

NRS 597.190 Statementof legislative policy. It is the policy of theLegislature to insure the orderly distribution and marketing of alcoholicbeverages in this state in order to protect locally owned and operated businessenterprises and those residents whose livelihoods and investments are dependenton their freedom to manage their businesses without economic and coercivecontrol by nonresident suppliers of alcoholic beverages.

(Added to NRS by 1975, 623)(Substituted in revisionfor NRS 598.351)

NRS 597.200 Definitions. As used in NRS 597.190to 597.250, inclusive, unless thecontext otherwise requires:

1. Alcoholic beverage means any malt beverage orspirituous, vinous or malt liquor which contains 1 percent or more ethylalcohol by volume.

2. Brew pub means an establishment whichmanufactures malt beverages and sells those malt beverages at retail pursuantto the provisions of NRS 597.230.

3. Engage in includes participation in a business asan owner or partner, or through a subsidiary, affiliate, ownership equity or inany other manner.

4. Instructional wine-making facility means aninstructional wine-making facility operated pursuant to NRS 597.245.

5. Legal age means the age at which a person islegally permitted to purchase an alcoholic beverage pursuant to NRS 202.020.

6. Malt beverage means beer, ale, porter, stout andother similar fermented beverages of any name or description, brewed or producedfrom malt, wholly or in part.

7. Supplier has the meaning ascribed to it in NRS 597.140.

8. Wine has the meaning ascribed to it in NRS 369.140.

(Added to NRS by 1975, 623; A 1985, 531; 1991, 108;1995, 1570; 2005,1272, 1326)

NRS 597.210 Limitationson engaging in business of importing, wholesaling or retailing alcoholicbeverages.

1. Except as otherwise provided in NRS 597.240, a person engaged in businessas a supplier or engaged in the business of manufacturing, blending or bottlingalcoholic beverages within or without this State shall not engage in thebusiness of importing, wholesaling or retailing alcoholic beverages.

2. This section does not:

(a) Preclude any person engaged in the business ofimporting, wholesaling or retailing alcoholic beverages from owning less than 2percent of the outstanding ownership equity in any organization whichmanufactures, blends or bottles alcoholic beverages.

(b) Prohibit a person engaged in the business ofrectifying or bottling alcoholic beverages from importing neutral or distilledspirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.

(c) Prohibit a person from operating a brew pubpursuant to NRS 597.230.

(d) Prohibit a person from operating an instructionalwine-making facility pursuant to NRS 597.245.

(Added to NRS by 1975, 623, 1463; A 1991, 109, 384;1995, 1570; 2005,1273, 1326)

NRS 597.220 Importeror wholesaler may not engage in business of retailing alcoholic beverages.

1. Any person who is engaged in the business ofimporting or wholesaling alcoholic beverages in the State of Nevada shall notengage in the business of retailing alcoholic beverages in this state.

2. For the purposes of this section, a person whotransfers or receives alcoholic beverages in the manner described in NRS 369.4865 must not be considered to beengaged in the business of wholesaling alcoholic beverages based solely uponthose transfers.

(Added to NRS by 1975, 624; A 2001 Special Session,165)

NRS 597.225 Requirementsto serve samples of alcoholic beverages on premises of grocery store.

1. A person who operates a grocery store may servesamples of alcoholic beverages on the premises of the grocery store if theperson:

(a) Is licensed to sell, at retail, alcoholic beverageson the premises of the grocery store;

(b) Obtains an annual permit to serve such samples fromthe local governing body that has jurisdiction to license and regulate the saleof alcoholic beverages on the premises of the grocery store;

(c) Purchases any alcoholic beverages used for suchsamples from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS; and

(d) Complies with the requirements of this section.

2. A person who holds an annual permit issued pursuantto this section may serve samples of alcoholic beverages on the premises of thegrocery store only to persons of legal age and only in such quantities as arenecessary to provide a sample or taste of the alcoholic beverages.

3. Notwithstanding any other provision of law, asupplier, manufacturer, importer or wholesale dealer of alcoholic beverages mayassist a person who operates a grocery store in serving samples of alcoholicbeverages pursuant to this section. The assistance authorized by thissubsection is limited to the pouring of such samples or the provision ofinformation, instruction or education regarding the product being sampled, orany combination of those tasks. The provision of such assistance does notrelieve the person who operates the grocery store from the responsibility of complyingwith all the requirements of this section.

4. A local governing body may adopt reasonablerestrictions regarding the time, place, manner and frequency of the activitiesauthorized by this section. Such restrictions must not prohibit or unreasonablyinterfere with the activities authorized by this section.

5. A person who serves samples of alcoholic beverageson the premises of a grocery store in violation of any provision of thissection is guilty of a misdemeanor.

6. This section preempts any local charter, code,ordinance or regulation that is in conflict with the purposes and objectives ofthis section.

7. A local governing body may not charge any fee forissuing an annual permit pursuant to this section.

8. As used in this section:

(a) Convenience store means a store which isprincipally devoted to providing the public with a convenient location topurchase consumable products quickly and in which the area open to the publicis less than 5,000 square feet.

(b) Grocery store means a store which is principallydevoted to the sale of food for human consumption off the premises or whichderives a substantial amount of its gross revenue from the sale of food forhuman consumption off the premises, regardless of whether the store is alsodevoted to or derives gross revenue from the sale of nonfood items. The termdoes not include:

(1) A convenience store.

(2) A store at which the sale of food for humanconsumption off the premises is incidental to the principal purpose of thestore.

(Added to NRS by 2005, 1270)

NRS 597.230 Operationof brew pub.

1. In a county whose population is 400,000 or more, aperson may operate a brew pub:

(a) In any redevelopment area established in thatcounty pursuant to NRS 279.382 to 279.685, inclusive;

(b) In any historic district established in that countypursuant to NRS 384.005;

(c) In any retail liquor store as that term is definedin NRS 369.090; or

(d) In any other area in the county designated by theboard of county commissioners for the operation of brew pubs. In a city whichis located in that county, a person may operate a brew pub in any area in thecity designated by the governing body of that city for the operation of brewpubs.

A person whooperates one or more brew pubs may not manufacture more than 15,000 barrels ofmalt beverages for all the brew pubs he operates in that county in any calendaryear.

2. In a county whose population is less than 400,000,a person may operate a brew pub:

(a) In any redevelopment area established in thatcounty pursuant to NRS 279.382 to 279.685;

(b) In any historic district established in that countypursuant to NRS 384.005;

(c) In any retail liquor store as that term is definedin NRS 369.090; or

(d) In any other area in the county designated by theboard of county commissioners for the operation of brew pubs. In a city whichis located in that county, a person may operate a brew pub in any area in thecity designated by the governing body of that city for the operation of brewpubs.

A person whooperates one or more brew pubs may not manufacture more than 5,000 barrels ofmalt beverages for all brew pubs he operates in that county in any calendaryear.

3. The premises of any brew pub operated pursuant tothis section must be conspicuously identified as a brew pub.

4. A person who operates a brew pub pursuant to thissection may, upon obtaining a license pursuant to chapter369 of NRS and complying with any other applicable governmentalrequirements:

(a) Manufacture and store malt beverages on thepremises of the brew pub and sell and transport the malt beverages manufacturedon the premises to a person holding a valid wholesale wine and liquor dealerslicense or wholesale beer dealers license issued pursuant to chapter 369 of NRS.

(b) Sell at retail malt beverages manufactured on oroff the premises of the brew pub for consumption on the premises.

(c) Sell at retail in packages sealed on the premisesof the brew pub, malt beverages, including malt beverages in unpasteurizedform, manufactured on the premises for consumption off the premises.

(Added to NRS by 1991, 383; A 1995, 1570, 1571)

NRS 597.240 Operationof winery authorized in smaller counties.

1. A winery located in a county whose population is100,000 or less, if it is federally bonded, may:

(a) Import wine or juice from a bonded winery inanother state, to be fermented into wine or, if already fermented, to be mixedwith other wine or aged in a suitable cellar, or both.

(b) Sell at retail or serve by the glass, on itspremises and at one other location, wine produced, blended or aged by thewinery. The amount of wine sold at a location other than on the premises of thewinery may not exceed 50 percent of the total volume of the wine sold by thewinery.

(c) Serve by the glass, on its premises, any alcoholicbeverage.

2. For the purposes of this section, an instructionalwine-making facility is not a winery. This section does not prohibit a personfrom operating an instructional wine-making facility in any county.

(Added to NRS by 1991, 108; A 1993, 325, 1442; 2005, 1273)

NRS 597.245 Operationof instructional wine-making facility.

1. A person may operate an instructional wine-makingfacility if the person:

(a) Obtains a license for the facility pursuant to chapter 369 of NRS;

(b) Complies with the requirements of this section; and

(c) Complies with any other applicable governmentalrequirements for the operation of such a facility, including, withoutlimitation, compliance with all applicable federal bonding, permitting andother requirements for the production, blending, treatment, storage andbottling of wine.

2. A person who is licensed to operate aninstructional wine-making facility may:

(a) Engage in the process of wine making on thepremises of the facility;

(b) Charge a fee to other persons of legal age for thepurpose of providing those persons with instruction and the opportunity toparticipate directly in the process of wine making on the premises of thefacility; and

(c) Serve wine produced on the premises of the facilityby the glass for consumption on the premises of the facility.

3. Wine produced on the premises of an instructionalwine-making facility must be:

(a) Used, consumed or disposed of on the premises ofthe facility; or

(b) Distributed from the facility to a person of legalage who has participated directly in the process of wine making on the premisesof the facility for the persons own household or personal use. That person:

(1) May distribute the wine to any other personof legal age as a gift.

(2) Shall not remove from the facility:

(I) Any wine other than that which theperson participated directly in the process of making on the premises of thefacility.

(II) More than 60 gallons of wine duringany period of 12 months.

4. Except as otherwise permitted by this section, if aperson knows or reasonably should know that wine was produced on the premisesof an instructional wine-making facility, the person shall not:

(a) Directly or indirectly or through any other person,sell, offer to sell or solicit the purchase or sale of such wine at wholesaleor retail; or

(b) Use such wine for any purpose other than for thepersons own household or personal use.

5. A person who violates any provision of this sectionis guilty of a misdemeanor.

6. As used in this section:

(a) Instructional wine-making facility means anyfacility that, for a fee, provides a person of legal age with instruction andthe opportunity to participate directly in the process of wine making on thepremises of the facility. The term does not include:

(1) A wine maker or winery that is licensedpursuant to chapter 369 of NRS.

(2) A university, state college or communitycollege that is part of the Nevada System of Higher Education or any otherpostsecondary educational institution that is licensed by a federal or stateagency and is accredited by a nationally recognized educational accreditingassociation.

(b) Process of wine making means the usual andcustomary steps taken to produce wine. Such steps may include, withoutlimitation:

(1) Growing, buying and importing agriculturalproducts and ingredients.

(2) Selecting, preparing and processingagricultural products and ingredients.

(3) Barreling, fermenting, aging, filtering,bottling, labeling, racking, warehousing and storing.

(4) Importing bulk wine or juice from a bondedwinery in another state, to be fermented into wine or, if already fermented, tobe blended with other wine and aged in a suitable cellar.

(Added to NRS by 2005, 1271)

NRS 597.250 Violations:Suspension or revocation of license. Thelicense of any person who violates the provisions of NRS 597.210, 597.220, 597.230or 597.245 must be suspended or revokedin the manner provided in chapter 369 of NRS.

(Added to NRS by 1975, 624; A 1991, 384; 2005, 1273)

Substitution of Brands

NRS 597.260 Penalty;civil liability.

1. It is unlawful for a retailer of alcoholicbeverages to substitute one brand of alcoholic beverage for a brand that hasbeen specifically requested by the customer, unless the customer consents tothe substitution. Any violation of this subsection by an employee must beattributed to the retailer.

2. A retailer who violates the provisions ofsubsection 1:

(a) For the first offense, is guilty of a misdemeanorand shall be fined an amount not to exceed $1,000, plus the costs ofprosecution. No sentence of incarceration may be imposed.

(b) For the second offense, is guilty of a grossmisdemeanor and shall be fined an amount not to exceed $2,000, plus the costsof prosecution. No sentence of incarceration may be imposed.

(c) For a third or subsequent offense, is guilty of agross misdemeanor and shall be fined an amount equal to the costs ofprosecution. The court shall impose no other criminal penalty, but shall,within 5 working days after the conviction, issue an order revoking the licenseto sell intoxicating liquor of the business and forward a certified copy of theorder to the liquor board of county or governing body of the city, as applicable,which licensed the sale of liquor at the retailers place of business. Theboard shall not reissue such a license for that place of business for a periodof at least 1 year.

3. In addition to the criminal penalties set forth inthis section, the retailer, upon conviction, is liable in civil suit to thecustomer and to the supplier and wholesaler of the requested alcoholic beveragefor the damages which result from the substitution. The court shall award theprevailing party in such an action attorneys fees and his costs of the action.

4. As used in this section:

(a) Alcoholic beverage has the meaning ascribed to itin NRS 202.015.

(b) Retailer means the owner of a business wherealcoholic beverages are sold by the drink. The term includes any personemployed by the owner.

(c) Supplier has the meaning ascribed to it in NRS 597.140.

(d) Wholesaler has the meaning ascribed to it in NRS 597.150.

(Added to NRS by 1991, 360; A 1995, 1572)

Enforcement

NRS 597.262 Enforcementby Attorney General and district attorneys; exceptions.

1. Except as otherwise provided in this section and NRS 228.380, the Attorney General hasprimary jurisdiction to enforce the provisions of NRS 597.120 to 597.260, inclusive, and shall causeappropriate legal action to be taken to enforce those provisions.

2. The Attorney General has concurrent jurisdictionwith the district attorneys of this State to enforce the provisions of NRS 597.225 and 597.245.

3. This section does not prohibit:

(a) A wholesaler from bringing an action against asupplier pursuant to NRS 597.170.

(b) A customer, supplier or wholesaler from bringing anaction against a retailer pursuant to NRS597.260.

(Added to NRS by 2003, 973; A 2005, 1273)

ASSISTIVE DEVICES

NRS 597.264 Definitions. As used in NRS 597.264to 597.2667, inclusive, unless thecontext otherwise requires the words and terms defined in NRS 597.2643 to 597.265, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 942)

NRS 597.2643 Assistivedevice defined. Assistive device means a devicepurchased or accepted for delivery in this state that enhances the ability of aperson to perform a major life activity, including, but not limited to:

1. Manual or motorized wheelchairs, scooters and otherdevices that enhance the ability of a person to move;

2. Hearing aids, devices for telecommunication and anyother devices that enhance the ability of a person to hear;

3. Voice synthesizers, optical scanners, Brailleprinters and any other devices that enhance the ability of a person tocommunicate;

4. Light amplifiers, magnification equipment, Brailleequipment and any other devices that enhance the ability of a person to see;and

5. Any other device that enhances the ability of aperson to move, hear, communicate or see.

(Added to NRS by 1997, 942)

NRS 597.2645 Consumerdefined. Consumer means:

1. A person who leases or purchases, other than forthe purposes of resale, an assistive device;

2. A person to whom an assistive device is transferredduring the period the express warranty of a manufacturer is in effect; or

3. Any other person who is entitled by the terms ofthe warranty to enforce its obligations.

(Added to NRS by 1997, 943)

NRS 597.2647 Dealerdefined. Dealer means a person who sells orleases assistive devices to consumers.

(Added to NRS by 1997, 943)

NRS 597.265 Manufacturerdefined. Manufacturer means a person whomanufactures or assembles assistive devices or an agent of that person, includingan importer or a distributor. The term does not include a dealer.

(Added to NRS by 1997, 943)

NRS 597.2653 Manufacturerto provide express warranty for new assistive device; effective period ofwarranty; failure to provide warranty.

1. A manufacturer who, directly or through a dealer,sells or leases to a consumer in this state an assistive device that has notbeen previously sold or leased shall provide an express warranty for thatdevice. The express warranty does not:

(a) Take effect until the consumer takes possession ofthe device; and

(b) Expire less than 1 year after the delivery of thedevice to the consumer.

2. If a manufacturer fails to provide an expresswarranty required by this section, the assistive device shall be deemed to becovered by the express warranty of the manufacturer.

(Added to NRS by 1997, 943)

NRS 597.2655 Repairof assistive device not in conformance with express warranty. If an assistive device does not conform to the expresswarranty of the manufacturer and the consumer reports the nonconformity to themanufacturer or dealer and makes the assistive device available for repairbefore the expiration of the express warranty, the manufacturer or dealer shallmake the repairs necessary to conform the assistive device to the expresswarranty without regard to whether the repairs will be made after theexpiration of the express warranty.

(Added to NRS by 1997, 943)

NRS 597.2657 Inabilityof manufacturer or dealer to conform assistive device to express warranty afterreasonable number of repairs: Replacement or refund; presumptions.

1. If, after a reasonable number of repairs, themanufacturer or dealer is unable to conform the assistive device to the expresswarranty and the defect or condition causing the nonconformity substantiallyimpairs the use and value of the assistive device to the consumer and is notthe result of abuse, neglect or unauthorized modifications or alterations ofthe assistive device by the consumer, the manufacturer shall:

(a) Replace the assistive device with an assistivedevice of the same model and having the same features as the replaced device,or if such a device cannot be delivered to the consumer within a reasonableperiod, a comparable assistive device substantially similar to the replaceddevice; or

(b) Accept the return of the assistive device from theconsumer and refund to the consumer, within 30 days after the return of thedevice, the purchase price of the device, including all sales taxes and financecharges paid by the consumer, and any other expenses related to the purchaseand use of the assistive device, less a reasonable allowance for use of theassistive device. As used in this paragraph reasonable allowance for usemeans that amount that is directly attributable to the use of the device by theconsumer before his first report of the nonconformity to the manufacturer ordealer and during any subsequent period that the assistive device is not out ofservice for repairs.

2. It is presumed that a reasonable number of repairshave been undertaken to conform an assistive device to an applicable expresswarranty if:

(a) The same nonconformity has been subject to repairthree or more times by the manufacturer or dealer within the time the expresswarranty is in effect, but the nonconformity continues to exist; or

(b) The assistive device is unavailable for use by theconsumer because of a nonconformity for a cumulative total of 30 days or morewithin the period the express warranty is in effect, except that if thenecessary repairs cannot be made for reasons which are beyond the control ofthe manufacturer or dealer, the number of days required to give rise to thepresumption must be appropriately extended.

(Added to NRS by 1997, 943)

NRS 597.266 Manufacturerto reimburse consumer for rental of assistive device in certain circumstances;action against dealer for failure to deliver assistive device for repair intimely manner.

1. If an assistive device covered by an expresswarranty of a manufacturer is made available for repair pursuant to NRS 597.2655 and:

(a) The device is not repaired within 10 working days,including the day on which the assistive device is made available for repair;or

(b) The defect or malfunction that is the cause ofnonconformity is the same defect or malfunction for which the assistive devicehas been made available for repair two or more times,

themanufacturer shall provide to the consumer, for the duration of the period ofrepair, a reimbursement of not more than $30 each day for the rental of anassistive device.

2. If a dealer does not deliver the assistive deviceto the manufacturer in a timely manner that allows the manufacturer to repairthe device within 10 working days, the manufacturer may bring an action againstthe dealer for reimbursement of any money that the manufacturer is required topay to a consumer pursuant to subsection 1.

(Added to NRS by 1997, 944)

NRS 597.2663 Saleor lease of returned assistive device prohibited unless reason for returndisclosed to prospective consumer. Anassistive device that is returned to a manufacturer by a consumer in this statepursuant to NRS 597.2657 may not besold or leased in this state unless the reason for the return of the assistivedevice is disclosed to the prospective consumer.

(Added to NRS by 1997, 944)

NRS 597.2665 Actionfor damages and equitable relief; costs and attorneys fees.

1. In addition to any other remedy available to aconsumer, a consumer may bring an action to recover any damages caused by amanufacturer or dealer who violates any of the provisions of NRS 597.264 to 597.2667, inclusive.

2. The court shall award to the prevailing party notmore than twice the amount of the damages, and costs, including attorneys feesand any equitable relief that the court determines is appropriate.

(Added to NRS by 1997, 944)

NRS 597.2667 Rightsand remedies not exclusive; waiver of rights void.

1. The provisions of NRS597.264 to 597.2667, inclusive, donot limit any rights or remedies a consumer may have pursuant to any other lawor agreement.

2. A waiver by a consumer of any of the rights providedpursuant to NRS 597.264 to 597.2667, inclusive, is void.

(Added to NRS by 1997, 944)

AUTOMOTIVE SERVICES

Service Stations

NRS 597.270 Definitions. As used in NRS 597.270to 597.470, inclusive, unless thecontext requires otherwise, the words and terms defined in NRS 597.280 to 597.380, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1975, 1280; A 1987, 2197; 1999, 702)

NRS 597.280 Affiliatedefined. Affiliate means any person who controls,is controlled by or is under common control with any other person.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.651)

NRS 597.290 Controldefined. Control means the direct orindirect ownership of, or right to exercise a directing influence over, morethan 50 percent of the beneficial interest in any other person.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6512)

NRS 597.300 Franchiseand franchise agreement defined. Franchiseor franchise agreement means a written or oral agreement between a refinerand a retailer under which the retailer is granted the right:

1. To use a trademark, trade name, service mark orother identifying symbol or name owned by the refiner; or

2. To occupy premises owned, leased or controlled bythe refiner, for the purpose of engaging in the retail sale of motor vehiclefuel.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6514)

NRS 597.305 Lesseedealer defined. Lessee dealer means aretailer who operates a service station pursuant to a franchise agreement ifthe service station is leased to the retailer by the refiner with whom theretailer has entered into the franchise agreement.

(Added to NRS by 1997, 2015)

NRS 597.310 Marketingarea defined. Marketing area means an areaof not more than 5 miles in any direction from a service station selling theproducts of a refiner pursuant to a franchise.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6516)

NRS 597.320 Motorvehicle fuel defined. Motor vehicle fuelhas the meaning ascribed to it in NRS365.060, except that it includes diesel fuel.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6518)

NRS 597.330 Pricedefined. Price means the net purchase priceafter any adjustment for a commission, fee, rebate or discount, or for thefurnishing of services or facilities.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.652)

NRS 597.340 Refinerdefined. Refiner means any person, includingan affiliate, who:

1. Produced quantities of crude oil equal to more than30 percent of the domestic and imported crude oil supplied to his refineryduring the most recent calendar year for which information is available;

2. Refines motor vehicle fuel from crude oil; and

3. Has a total refinery capacity of more than 175,000barrels a day.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6522)

NRS 597.350 Refinerydefined. Refinery means a manufacturing facilityat which motor vehicle fuel is produced from crude oil.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6524)

NRS 597.360 Retailerdefined. Retailer means a:

1. Wholesale purchaser; or

2. Person who operates a service station pursuant to afranchise agreement with a refiner or wholesale purchaser.

(Added to NRS by 1987, 2196)(Substituted in revisionfor NRS 598.6526)

NRS 597.370 Servicestation defined. Service station means anestablishment where motor vehicle fuel is sold to the general public.

(Added to NRS by 1987, 2197)(Substituted in revisionfor NRS 598.6528)

NRS 597.380 Wholesalepurchaser defined. Wholesale purchasermeans any person who purchases motor vehicle fuel or other petroleum productsfrom a refiner or other wholesaler for distribution to service stations or toindividual or business consumers.

(Added to NRS by 1987, 2197)(Substituted in revisionfor NRS 598.653)

NRS 597.390 Prohibitedpractices of refiners. A refiner shall not,directly or indirectly or through any officer, agent or employee:

1. Prohibit, directly or indirectly, the right of freeassociation among retailers or wholesale purchasers for any lawful purpose.

2. Change or modify any restrictions upon businessactivities of a retailer during the term of the franchise that are not relatedto the sale of motor vehicle fuel or other petroleum products.

3. Unreasonably reduce, limit or curtail the supply ofmotor vehicle fuel or other petroleum products to any retailer or wholesalepurchaser.

4. Place unreasonable restrictions upon businessactivities of a retailer that are not related to the sale of motor vehicle fuelor other petroleum products or upon any business activities of a wholesalepurchaser.

(Added to NRS by 1975, 1281; A 1987,2198)(Substituted in revision for NRS 598.655)

NRS 597.400 Faircompensation required on failure of refiner to renew franchise.

1. A refiner shall not fail to renew the franchise ofany retailer without fairly compensating the retailer at a fair going businessvalue for his capital investment if:

(a) The capital investment was entered into withreasonable and prudent business judgment for the purpose of fulfilling thefranchise; and

(b) The cancellation or failure to renew was not donein good faith.

2. For the purposes of this section, capitalinvestment includes, but is not limited to, tools, equipment and any inventoryof parts possessed by the retailer on the day of notification of cancellationor nonrenewal and which are still in the retailers possession on the day thecancellation or nonrenewal is effective.

(Added to NRS by 1975, 1281; A 1987,2199)(Substituted in revision for NRS 598.660)

NRS 597.410 Requirednotice of termination, cancellation or failure to renew franchise or contract.

1. Except as otherwise provided in subsection 2 or 3,a refiner shall not, directly or indirectly, or through an officer, agent oremployee terminate, cancel or fail to renew a franchise or a contract with awholesale purchaser without first giving to the retailer or wholesale purchaserwritten notice as follows:

(a) In case of cancellation or termination, specifyingall matters of claimed noncompliance with the agreement and allowing the otherparty at least 30 days to comply with the terms of the agreement. If the otherparty does not comply, the cancellation or termination is effective on the dateset forth in the notice.

(b) At least 30 days before the expiration of a term ofan agreement, specifying:

(1) All the reasons for any intention of therefiner not to renew; or

(2) Any change in price, rent, terms orconditions to which renewal of the agreement is subject.

2. If the alleged ground is voluntary abandonment bythe retailer of the franchise, or by the wholesale purchaser of his contract,the written notice may be given 3 days before the termination or cancellation.

3. If the alleged ground is the conviction of theretailer of a crime punishable as a felony and related to the businessconducted pursuant to the franchise, termination, cancellation or failure torenew may be effective immediately.

(Added to NRS by 1975, 1281; A 1987,2199)(Substituted in revision for NRS 598.665)

NRS 597.420 Effectof failure to serve notice. The failure of arefiner to serve notice upon a retailer or wholesale purchaser as required in NRS 597.410 constitutes a grant of theoption by the refiner to the retailer or wholesale purchaser to renew thefranchise or contract for a period of 1 year under the same price, rent, termsand conditions as the expiring agreement. The option expires 45 days after thedate when notice should have been served, unless exercised by written notice tothe refiner.

(Added to NRS by 1975, 1282; A 1987,2199)(Substituted in revision for NRS 598.670)

NRS 597.430 Mannerof giving notice. All notices required ofrefiners under NRS 597.410 or 597.420 must be given in writing bycertified mail, return receipt requested, to:

1. The address indicated in the agreement or assubsequently changed by the party in writing; or

2. If no address was designated, the partys place ofbusiness.

(Added to NRS by 1975, 1282; A 1987,2200)(Substituted in revision for NRS 598.675)

NRS 597.440 Restrictionson refiners operation of service stations. Onor after January 1, 2001, a refiner who engages in the direct operation of:

1. Less than 30 service stations in this state, withhis own employees or through a subsidiary or commissioned agent or a person onthe basis of a fee, may commence the direct operation of not more than 5additional service stations per calendar year, but in no case may he commencethe direct operation of more than 30 service stations without complying withthe provisions of subsection 2.

2. At least 30 service stations in this state, withhis own employees or through a subsidiary or commissioned agent or a person onthe basis of a fee, may commence the direct operation of additional servicestations per year, with his own employees or through a subsidiary orcommissioned agent or person on the basis of a fee, only if, during the year inwhich the service stations are added, he leases, in addition to the number ofservice stations leased by the refiner to lessee dealers on July 1, 1997, atleast 1 additional service station to a lessee dealer for every 2 directlyoperated service stations added. For the purposes of this subsection, anadditional service station leased by the refiner to a lessee dealer before therefiner engages in the direct operation of at least 30 service stations shallbe deemed to be 1 service station leased to a lessee dealer during any yearfollowing the year in which the refiner engages in the direct operation of atleast 30 service stations.

(Added to NRS by 1987, 2197; A 1997, 2016; 2003, 1221)

NRS 597.450 Temporaryoperation of service station by refiner; limitations on temporary operation;price of motor vehicle fuel sold to other retailers.

1. If a refiner is unable to commence the directoperation of a service station because of the restrictions set forth in NRS 597.440, the refiner may operate the servicestation temporarily for not more than 180 days if:

(a) The retailer voluntarily terminates or agrees notto renew the franchise for the service station; or

(b) The franchise for the service station is terminatedby the refiner pursuant to NRS 597.270to 597.470, inclusive.

2. During the temporary operation of a service stationby a refiner, the refiner may sell motor vehicle fuel to other retailers in themarketing area of that service station at a price not less than 4 cents belowthe retail price of fuel at the service station he is operating.

(Added to NRS by 1987, 2197; A 2003, 1222)

NRS 597.460 Refinersfailure to act in good faith or use of undue influence prohibited. A refiner shall not, directly or indirectly or through anyofficer, agent or employee:

1. Fail to act in good faith in performing orcomplying with any term or provision of, or collateral to, a franchise or acontract with a wholesale purchaser.

2. Use undue influence to induce a retailer tosurrender any right given to the retailer by any provision contained in thefranchise.

(Added to NRS by 1987, 2197)(Substituted in revisionfor NRS 598.679)

NRS 597.470 Judicialrelief; costs and attorneys fees.

1. A retailer, wholesale purchaser or refiner maybring an action against the other party for violation of their respectiveagreements and may:

(a) Recover the damages sustained.

(b) Obtain injunctive relief to prevent loss of rightsor restore rights lost.

2. The remedies provided in this section areindependent of and supplemental to any other remedy available to the retailer,wholesale purchaser or refiner in law or equity.

3. In any action under this section the prevailingparty is entitled to recover from the losing party all costs incurred,including reasonable attorneys fees.

(Added to NRS by 1975, 1282; A 1987,2200)(Substituted in revision for NRS 598.680)

Automotive Repairs

NRS 597.480 Definitions. As used in NRS 597.480to 597.590, inclusive, unless thecontext otherwise requires:

1. Garage has the meaning ascribed to it in NRS 487.540.

2. Garageman has the meaning ascribed to it in NRS 487.545.

3. Motor vehicle means:

(a) A motorcycle as defined in NRS 482.070;

(b) A motortruck as defined in NRS 482.073 if the gross weight of thevehicle does not exceed 10,000 pounds;

(c) A passenger car as defined in NRS 482.087;

(d) A mini motor home as defined in NRS 482.066;

(e) A motor home as defined in NRS 482.071; and

(f) A recreational vehicle as defined in NRS 482.101.

4. Person authorizing repairs means a person whouses the services of a garage. The term includes an insurance company, itsagents or representatives, authorizing repairs to motor vehicles under a policyof insurance.

(Added to NRS by 1975, 637; A 1985, 531; 1989, 1606;1997, 1374)

NRS 597.490 Displayof sign required; contents of sign; penalty.

1. Each garageman shall display conspicuously in thoseareas of his place of business frequented by persons seeking repairs on motorvehicles a sign, not less than 22 inches by 28 inches in size, setting forth inboldface letters the following:

 

STATE OF NEVADA

 

REGISTERED GARAGE

 

THIS GARAGE ISREGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVEREPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER INNEVADA:

 

YOU have the right to receive repairs from a businessthat is REGISTERED with the Department of Motor Vehiclesthat will ensure the proper repair of your vehicle. (NRS 597.490)

 

YOU have the right to receive a WRITTENESTIMATE of charges for repairs made to your vehicle which exceed$50. (NRS 597.510)

 

YOU have the right to read and understand alldocuments and warranties BEFORE YOU SIGN THEM. (NRS 597.490)

 

YOU have the right to INSPECT ALL REPLACEDPARTS and accessories that are covered by a warranty and for whicha charge is made. (NRS 597.550)

 

YOU have the right to request that all replaced partsand accessories that are not covered by a warranty BE RETURNED TO YOUAT THE TIME OF SERVICE. (NRS597.550)

 

YOU have the right to require authorization BEFOREany additional repairs are made to your vehicle if the charges for thoserepairs exceed 20% of the original estimate or $100, whichever is less. (NRS 597.520)

 

YOU have the right to receive a COMPLETEDSTATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.035)

 

YOU have the right to a FAIR RESOLUTION ofany dispute that develops concerning the repair of your vehicle. (NRS 597.490)

 

FOR MORE INFORMATIONPLEASE CONTACT:

 

THE DEPARTMENT OF BUSINESSAND INDUSTRY

 

CONSUMER AFFAIRSDIVISION

 

IN CLARK COUNTY: (702)486-7355

 

ALL OTHER AREASTOLL-FREE: 1-800-326-5202

 

2. The sign required pursuant to the provisions ofsubsection 1 must include a replica of the great seal of the State of Nevada. Theseal must be 2 inches in diameter and be centered on the face of the signdirectly above the words STATE OF NEVADA.

3. Any person who violates the provisions of thissection is guilty of a misdemeanor.

(Added to NRS by 1975, 639; A 1999, 1893; 2001, 2630)

NRS 597.500 Dutiesof garageman on acceptance of vehicle for repair. Wheneverany garageman accepts or assumes control of a motor vehicle for the purpose ofmaking or completing any repair, he shall comply with the provisions of NRS 597.510 to 597.570, inclusive.

(Added to NRS by 1975, 637)(Substituted in revisionfor NRS 598.700)

NRS 597.510 Estimateof costs required for certain repairs.

1. Except as otherwise provided in NRS 597.530, a person requesting or authorizingthe repair of a motor vehicle that is more than $50 must be furnished anestimate or statement signed by the person making the estimate or statement onbehalf of the garageman, indicating the total charge for the performance of thework necessary to accomplish the repair, including the charge for labor and allparts and accessories necessary to perform the work.

2. If the estimate is for the purpose of diagnosing amalfunction, the estimate must include the cost of:

(a) Diagnosis and disassembly; and

(b) Reassembly, if the person does not authorize therepair.

3. The provisions of this section do not require agarageman to reassemble a motor vehicle if he determines that the reassembly ofthe motor vehicle would render the vehicle unsafe to operate.

(Added to NRS by 1975, 637; A 1999, 1895)

NRS 597.520 Noticeof additional charges over estimate required in certain cases. Except as otherwise provided in NRS 597.530, if it is determined thatadditional charges are required to perform the repair authorized, and thoseadditional charges exceed, by 20 percent or $100, whichever is less, the amountset forth in the estimate or statement required to be furnished pursuant to theprovisions of NRS 597.510, the garagemanshall notify the person authorizing the repairs of the amount of thoseadditional charges.

(Added to NRS by 1975, 637; A 1999, 1895)

NRS 597.530 Waiverof estimate of costs or notice of additional charges; execution of waiver. The person authorizing the repairs may waive the estimateor statement required pursuant to the provisions of NRS 597.510 or the notification required byNRS 597.520 by executing a writtenwaiver of that requirement or notification. The waiver must be executed by theperson authorizing the repairs at the time he authorizes those repairs.

(Added to NRS by 1975, 638; A 1999, 1895)

NRS 597.540 Dutiesof person authorizing repairs upon receipt of notice of additional charges.

1. A person authorizing repairs who has been notifiedof additional charges pursuant to NRS597.520 shall:

(a) Authorize the performance of the repair at theadditional expense; or

(b) Without delay, and upon payment of the authorizedcharges, take possession of the motor vehicle.

2. Until the election provided for in subsection 1 hasbeen made, the garageman shall not undertake any repair which would involvesuch additional charges.

3. If the person elects to take possession of themotor vehicle but fails to take possession within a 24-hour period after suchelection, the garageman may charge for storage of the vehicle.

(Added to NRS by 1975, 638)(Substituted in revisionfor NRS 598.720)

NRS 597.550 Replacedparts to be delivered to person authorizing repairs if requested; exception.

1. Whenever the repair work performed on a motorvehicle requires the replacement of any parts or accessories, the garagemanshall, at the request of the person authorizing the repairs or any personentitled to possession of the motor vehicle, deliver to such person all partsand accessories replaced as a result of the work done.

2. The provisions of subsection 1 do not apply toparts or accessories which must be returned to a manufacturer or distributorunder a warranty arrangement or which are subject to exchange, but the customeron request is entitled to be shown such warranty parts for which a charge ismade.

(Added to NRS by 1975, 638)(Substituted in revisionfor NRS 598.725)

NRS 597.560 Recordsto be retained by garageman. The garagemanshall retain copies of any estimate, statement or waiver required by NRS 597.510 to 597.550, inclusive, as an ordinary businessrecord of the garage, for a period of not less than 1 year from the date suchestimate, statement or waiver is signed.

(Added to NRS by 1975, 639)(Substituted in revisionfor NRS 598.730)

NRS 597.570 Compliancewith NRS487.035 also required; enforcement of liens and contracts. In every instance where charges are made for the repair ofa motor vehicle, the garageman making the repairs shall comply with theprovisions of NRS 487.035 as well as theprovisions of NRS 597.510 to 597.550, inclusive. He is not entitled todetain a motor vehicle by virtue of any common law or statutory lien, orotherwise enforce such lien, nor shall he have the right to sue on any contractfor repairs made by him, unless he has complied with the requirements of NRS 597.510 to 597.550, inclusive, in addition to those ofNRS 487.035.

(Added to NRS by 1975, 639)(Substituted in revisionfor NRS 598.735)

NRS 597.580 Violations:Injunctive relief. The Attorney General or anydistrict attorney may bring an action in any court of competent jurisdiction inthe name of the State of Nevada on the complaint of the Commissioner ofConsumer Affairs or of any person allegedly aggrieved by such violation toenjoin any violation of the provisions of NRS597.510 to 597.570, inclusive.

(Added to NRS by 1975, 639)(Substituted in revisionfor NRS 598.740)

NRS 597.590 Violations:Civil penalties. Any person who knowingly violatesany provision of NRS 597.500 to 597.570, inclusive, is liable, in additionto any other penalty or remedy which may be provided by law, to a civil penaltyof not more than $500 for each offense, which may be recovered by civil actionon complaint of the Commissioner of Consumer Affairs, the Director of theDepartment of Business and Industry or the district attorney.

(Added to NRS by 1975, 639; A 1977, 307; 1985, 2260;1993, 1800)(Substituted in revision for NRS 598.745)

Repairs to Conform to Express Warranties

NRS 597.600 Definitions. As used in NRS 597.600to 597.688, inclusive, unless thecontext otherwise requires:

1. Buyer means:

(a) A person who purchases or contracts to purchase,other than for purposes of resale, a motor vehicle normally used for personal,family or household purposes.

(b) Any person to whom the motor vehicle is transferredduring the time a manufacturers express warranty applicable to the motorvehicle is in effect.

(c) Any other person entitled by the terms of thewarranty to enforce its obligations.

2. Except as otherwise provided in this subsection,motor vehicle has the meaning ascribed to it in NRS 482.075. The term does not includemotor homes or off-road vehicles except for the purposes of NRS 597.680.

(Added to NRS by 1983, 610; A 1985, 2026; 1995, 2366;2005, 1249)

NRS 597.610 Reportof defect in motor vehicle; duty of manufacturer. Ifa new motor vehicle does not conform to all of the manufacturers applicableexpress warranties and the buyer reports the nonconformity in writing to themanufacturer:

1. Before the expiration of the manufacturers expresswarranties; or

2. No later than 1 year after the date the motorvehicle is delivered to the original buyer,

whichever occursearlier, the manufacturer, its agent or its authorized dealer shall make suchrepairs as are necessary to conform the vehicle to the express warrantieswithout regard to whether the repairs will be made after the expiration of theexpress warranty or the time described in subsection 2.

(Added to NRS by 1983, 610)(Substituted in revisionfor NRS 598.756)

NRS 597.620 Submissionof claim to manufacturer for replacement or refund according to designatedprocedure. If the manufacturer has establishedor designated a procedure for settling disputes informally which substantiallycomplies with the provisions of Title 16 of the Code of Federal Regulations,Part 703, a buyer must first submit his claim for replacement of the motorvehicle or for refund of the purchase price under that procedure beforebringing any action under NRS 597.630.

(Added to NRS by 1983, 612)(Substituted in revisionfor NRS 598.761)

NRS 597.630 Dutiesof manufacturer if motor vehicle cannot be conformed to express warranties.

1. If, after a reasonable number of attempts, themanufacturer, or its agent or authorized dealer is unable to conform the motorvehicle to any applicable express warranty by repair or correction and thedefect or condition causing the nonconformity substantially impairs the use andvalue of the motor vehicle to the buyer and is not the result of abuse, neglector unauthorized modifications or alterations of the motor vehicle, themanufacturer shall:

(a) Replace the motor vehicle with a comparable motorvehicle of the same model and having the same features as the replaced vehicle,or if such a vehicle cannot be delivered to the buyer within a reasonable time,then a comparable motor vehicle substantially similar to the replaced vehicle;or

(b) Accept return of the motor vehicle from the buyerand refund to him the full purchase price including all sales taxes, licensefees, registration fees and other similar governmental charges, less a reasonableallowance for his use of the vehicle. A reasonable allowance for use is thatamount directly attributable to use by the buyer before his first report of thenonconformity to the manufacturer, agent or dealer and during any subsequentperiod when the vehicle is not out of service for repairs. Refunds must be madeto the buyer, and lienholder if any, as their interests may appear.

2. It is presumed that a reasonable number of attemptshave been undertaken to conform a motor vehicle to the applicable expresswarranties where:

(a) The same nonconformity has been subject to repairfour or more times by the manufacturer, or its agent or authorized dealerwithin the time the express warranty is in effect or within 1 year followingthe date the motor vehicle is delivered to the original buyer, whichever occursearlier, but the nonconformity continues to exist; or

(b) The motor vehicle is out of service for repairs fora cumulative total of 30 or more calendar days within the time the expresswarranty is in effect or within 1 year following the date the motor vehicle isdelivered to the original buyer, whichever occurs earlier, except that if thenecessary repairs cannot be made for reasons which are beyond the control ofthe manufacturer or its agent or authorized dealer, the number of days requiredto give rise to the presumption must be appropriately extended.

(Added to NRS by 1983, 611)(Substituted in revisionfor NRS 598.766)

NRS 597.640 Tollingof period for express warranties. For thepurposes of NRS 597.600 to 597.670, inclusive, the running of the timean express warranty is in effect or of any other period of time described inthose sections is tolled for the time during which services to repair the motorvehicle are not reasonably available to the buyer because of a war, invasion orstrike, or because of a fire, flood or other natural disaster.

(Added to NRS by 1983, 611)(Substituted in revisionfor NRS 598.771)

NRS 597.650 Commencementof action by buyer. Any action broughtpursuant to NRS 597.600 to 597.630, inclusive, must be commencedwithin 18 months after the date of the original delivery of the motor vehicleto the buyer.

(Added to NRS by 1983, 612)(Substituted in revisionfor NRS 598.776)

NRS 597.660 Waiverof rights by buyer prohibited. Any provisionin any agreement between the manufacturer or its agent or authorized dealer andthe buyer which provides that the buyer agrees to waive or forego any rights orremedies afforded by NRS 597.600 to 597.630, inclusive, is void.

(Added to NRS by 1983, 612)(Substituted in revisionfor NRS 598.781)

NRS 597.670 Effecton other rights and remedies of buyer. Theprovisions of NRS 597.600 to 597.630, inclusive, do not limit any otherright or remedy which the buyer may have by law or by agreement.

(Added to NRS by 1983, 612)(Substituted in revisionfor NRS 598.786)

NRS 597.675 Notificationof manufacturer regarding change in residential address. Any person entitled by the terms of a manufacturersexpress warranty to enforce its obligations is responsible for notifying themanufacturer of any change in his residential address.

(Added to NRS by 1995, 2366)

NRS 597.680 Reimbursementby manufacturer for cost of repairs to conform vehicle to express warranties. The manufacturer shall reimburse its agent or authorizeddealer for the cost of repairs made to a motor vehicle to conform it to themanufacturers express warranties. The reimbursement must be paid at the rateusually billed by the agent or dealer to the general public for similarrepairs.

(Added to NRS by 1985, 2026)(Substituted in revisionfor NRS 598.791)

NRS 597.682 LemonLaw Buyback: General duties regarding retitling, notice and disclosures.

1. A manufacturer, or its agent or authorized dealer,who reacquires a motor vehicle pursuant NRS597.630 that was registered in this State, or any other state, the Districtof Columbia or any territory or possession of the United States, or who assistsa lienholder in reacquiring such a motor vehicle, shall, before selling,leasing or transferring ownership of the motor vehicle in this State orexporting the motor vehicle to another state for sale, lease or transfer:

(a) Cause the motor vehicle to be retitled in the nameof the manufacturer;

(b) Request the Department of Motor Vehicles toinscribe the certificate of ownership for the motor vehicle with the notationLemon Law Buyback; and

(c) Affix a decal to the motor vehicle in accordancewith subsection 6.

2. Any manufacturer who reacquires, or assists adealer or lienholder in reacquiring, a motor vehicle in response to a requestby the buyer or lessee that the motor vehicle be replaced or accepted for arefund because the motor vehicle did not conform to express warranties shall,before the sale, lease or other transfer of the motor vehicle, execute anddeliver to the subsequent transferee a notice and obtain the transfereeswritten acknowledgment of the notice in accordance with NRS 597.684.

3. Any person, including any dealer, who acquires amotor vehicle for resale and knows that the motor vehicle was reacquired by themanufacturer of the motor vehicle pursuant to NRS597.630 shall, before the sale, lease or other transfer, execute anddeliver to the subsequent transferee a notice and obtain the transferees writtenacknowledgment of the notice in accordance with NRS 597.684.

4. Any person, including any manufacturer or dealer,who sells, leases or transfers ownership of a motor vehicle when thecertificate of ownership for the motor vehicle is inscribed with the notationLemon Law Buyback shall, before the sale, lease, or ownership transfer of themotor vehicle, submit to the transferee a written disclosure signed by thetransferee stating that:

 

THIS VEHICLE WAS REPURCHASEDBY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMERWARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITHTHE NOTATION LEMON LAW BUYBACK.

 

5. The requirements for disclosure set forth insubsections 1, 2 and 3 are in addition to any other notice requirements forconsumers and do not relieve any person, including any dealer or manufacturer,from complying with any other applicable law.

6. The decal required pursuant to subsection 1 must beaffixed to the left front doorframe of the motor vehicle or, if the motorvehicle does not have a left front doorframe, in a location designated by theDepartment of Motor Vehicles. The decal must specify that the certificate oftitle to the motor vehicle has been permanently inscribed with the notationLemon Law Buyback. A person shall not knowingly remove or alter any decalaffixed to a motor vehicle pursuant to this subsection, regardless of whetherthe motor vehicle is licensed pursuant to this chapter.

(Added to NRS by 2005, 1246)

NRS 597.684 LemonLaw Buyback: Form of notice.

1. The notice required pursuant to subsections 1, 2and 3 of NRS 597.682 must be prepared bythe manufacturer of the reacquired motor vehicle and specify:

(a) The year, make, model and vehicle identificationnumber of the motor vehicle.

(b) Whether the certificate of title for the motorvehicle has been inscribed with the notation Lemon Law Buyback.

(c) The nature of each nonconformity reported by theoriginal buyer or lessee of the motor vehicle.

(d) The repairs, if any, made to the motor vehicle inan attempt to correct each nonconformity reported by the original buyer orlessee.

2. The notice must be included on a form 8 1/2 x 11inches in size and printed in a size equal to at least 10-point black type on awhite background. The form must only contain the following information and becompleted by the manufacturer:

 

WARRANTY BUYBACK NOTICE

(Check One)

/__/ This vehicle was repurchased bythe vehicles manufacturer after the last retail owner or lessee requested itsrepurchase because of the problems listed below.

/__/ THIS VEHICLE WAS REPURCHASED BYITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMERWARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITHTHE NOTATION LEMON LAW BUYBACK. Under Nevada law, the manufacturer mustwarrant to you, for 1 year, that the vehicle is free of the problems listedbelow.

 

V.I.N.

Year

Make

Model

 

 

 

 

Problem(s) Reported by Original Owner

 

 

 

Repairs Made, if any, to Correct Reported Problem(s)

 

 

 

Signature of Manufacturer Date

..................................................................

 

Signature of Dealers Date

..................................................................

 

..................................................................

 

Signature of Retail Buyer or Lessee Date

..................................................................

 

..................................................................

 

(Added to NRS by 2005, 1247)

NRS 597.686 LemonLaw Buyback: Prohibition against certain nondisclosure agreements.

1. A manufacturer, importer, distributor, dealer orlienholder who reacquires or assists in reacquiring a motor vehicle, whether byjudgment, decree, arbitration award, settlement agreement or voluntaryagreement, shall not:

(a) Require, as a condition of the reacquisition of themotor vehicle, a buyer or lessee who is a resident of this State to agree torefrain from disclosing the problems with the motor vehicle experienced by thebuyer or lessee or the nonfinancial terms of the reacquisition.

(b) Include, in any release or other agreement, whetherprepared by the manufacturer, importer, distributor, dealer or lienholder, forsignature by the buyer or lessee, a confidentiality clause, gag clause orsimilar clause prohibiting the buyer or lessee from disclosing information toany other person concerning the problems with the motor vehicle or thenonfinancial terms of the reacquisition of the motor vehicle by themanufacturer, importer, distributor, dealer or lienholder.

2. Any confidentiality clause, gag clause or similarclause included in the release or other agreement in violation of this sectionis void.

3. The provisions of this section do not prohibit theinclusion within the release or other agreement any confidentiality clause, gagclause or similar clause regarding the financial terms of the reacquisition ofthe motor vehicle.

(Added to NRS by 2005, 1248)

NRS 597.688 LemonLaw Buyback: Civil action. A person who incursan injury or damages as the proximate result of a violation of the provisionsof NRS 597.682, 597.684 or 597.686 may commence an action in a courtof competent jurisdiction for the recovery of his actual damages, costs andreasonable attorneys fees and for any punitive damages that the facts maywarrant.

(Added to NRS 2005, 1249)

Miscellaneous Provisions

NRS 597.690 Manufacturerrequired to remedy defects in vehicle related to safety without charge.

1. Every manufacturer of a vehicle who furnishesnotification to the registered owner of the vehicle of any defect in thevehicle related to vehicle safety shall, notwithstanding the limitations of anywarranty relating to such vehicle, correct such defect at the manufacturersexpense and without charge to the registered owner of the vehicle if thevehicle is returned to any vehicle dealer franchised by the manufacturer tomarket the vehicle, or, at the election of the manufacturer, reimburse the registeredowner for the actual cost of making such correction.

2. This section does not require a vehicle dealer tomake the required correction if the manufacturer has failed to make availableto the dealer the parts needed to make the correction.

(Added to NRS by 1973, 675)(Substituted in revisionfor NRS 598.796)

NRS 597.710 Unlawfulto place certain transparent material upon windshield or side or rear window ofmotor vehicle for compensation; exception. Itis unlawful for a person, for compensation, to place, install, affix or apply uponthe windshield or side or rear window of a motor vehicle any transparentmaterial which alters the color or reduces the light transmission of thewindshield or side or rear window unless he displays conspicuously in thoseareas of his place of business frequented by persons seeking such services asign, not less than 22 inches by 28 inches in size, setting forth in boldfaceletters the following:

 

STATE LAW PROHIBITS THE PLACEMENT OFANY MATERIAL ON A WINDSHIELD OR SIDE OR REAR WINDOW WHICH ALTERS THE COLOR ORREDUCES THE LIGHT TRANSMISSION OF THE WINDSHIELD OR ANY SIDE OR REAR WINDOW OFA MOTOR VEHICLE, EXCEPT THAT THIS PROHIBITION DOES NOT APPLY TO:

1. A WINDOW THAT IS TO THEIMMEDIATE RIGHT OR LEFT OF THE DRIVER IF THE WINDOW IS:

(A) NONREFLECTIVE; AND

(B) HAS A TOTAL LIGHTTRANSMISSION THROUGH THE COMBINATION, IF ANY, OF TRANSPARENT MATERIAL ANDSAFETY GLAZING OF NOT LESS THAN 35 PERCENT WITH A TOLERANCE OF 7 PERCENT.

2. A SIDE WINDOW THAT IS TOTHE REAR OF THE DRIVER, OR A REAR WINDOW, IF THE VEHICLE HAS OUTSIDE MIRRORS ONEACH SIDE THAT ARE LOCATED SO AS TO REFLECT TO THE DRIVER A VIEW OF THE HIGHWAYTHROUGH EACH MIRROR FOR A DISTANCE OF NOT LESS THAN 200 FEET TO THE REAR OF THEVEHICLE.

3. ANY TRANSPARENT MATERIALTHAT IS INSTALLED, AFFIXED OR APPLIED TO THE TOPMOST PORTION OF THE WINDSHIELDIF:

(A) THE BOTTOM EDGE OF THEMATERIAL IS NOT LESS THAN 29 INCHES ABOVE THE UNDEPRESSED DRIVERS SEAT WHENMEASURED FROM A POINT 5 INCHES IN FRONT OF THE BOTTOM OF THE BACKREST WITH THEDRIVERS SEAT IN ITS REARMOST AND LOWERMOST POSITION WITH THE VEHICLE ON ALEVEL SURFACE; AND

(B) THE MATERIAL IS NOT REDOR AMBER IN COLOR.

 

(Added to NRS by 1993, 2434)

RESIDENTIAL SWIMMING POOLS AND SPAS

NRS 597.713 Definitions. [Replaced in revision by NRS624.900 to 624.915, inclusive.]

 

NRS 597.715 Repair,restoration, improvement or construction of residential pool or spa: Contractorand subcontractor required to obtain permits and meet certain requirements;builder who directs work and owns property required to comply with lawsconcerning bonds and insurance; supervision and control of work; prohibition,under certain circumstances, of unlicensed person assisting builder who ownsproperty. [Replaced in revision by NRS624.930.]

 

NRS 597.716 Repair,restoration, addition, improvement or construction of residential pool or spa:Duties of contractor; agreement or contract to explain rights of customer;final payment. [Replaced in revision by NRS 624.935.]

 

NRS 597.719 Contractsfor repair, restoration, improvement or construction of residential pool orspa: Regulations setting forth mandatory elements; required contents;contractor to furnish copy of documents and receipt for money paid; contractorto obtain necessary permits. [Replaced in revision by NRS 624.940.]

 

NRS 597.7191 Standardsfor advertisements used by contractors in connection with sale of contracts forrepair, restoration, improvement or construction of residential pool or spa.[Replaced in revision by NRS 624.945.]

 

NRS 597.7192 Contractorengaged in repair, restoration, improvement or construction of residential poolor spa prohibited from engaging in certain conduct involving financing. [Replacedin revision by NRS 624.950.]

 

NRS 597.7194 Enforcementof certain contracts for repair, restoration, improvement or construction ofresidential pool or spa against owner; contractor prohibited from performingwork before certain requirements are satisfied. [Replaced in revisionby NRS 624.955.]

 

NRS 597.7196 Contractorwho engages in repair, restoration, improvement or construction of residentialpool or spa who violates certain statutes or regulations may be required toobtain services of construction control. [Replaced in revision by NRS 624.960.]

 

NRS 597.7198 Violationof statutes or regulations cause for disciplinary action; criminal penaltiesfor violation of statutes. [Replaced in revision by NRS 624.965.]

 

WORKS OF ART

NRS 597.720 Definitions. As used in NRS 597.720to 597.760, inclusive, unless the contextotherwise requires:

1. Artist means a person who creates a work of art.

2. Reproduction means a copy, in any medium, of awork of art, that is represented as the work of art as created by the artist.

3. Work of art means any original creation of visualor graphic art in any medium including painting, drawing, photographic print orsculpture of a limited edition of not more than 300 copies. The term does notinclude:

(a) Sequential imagery such as that in motion pictures.

(b) Work prepared under contract for commercial use bythe purchaser.

(c) Work prepared by the employee of a publisher duringthe course of his employment.

(d) Work submitted for publication at no charge.

(Added to NRS by 1989, 192)(Substituted in revisionfor NRS 598.970)

NRS 597.730 Rightto claim or disclaim authorship. An artistmay:

1. Claim authorship of his work of art. The right toclaim authorship includes the right of the artist to have his name appear on orwith his work of art.

2. Disclaim authorship of his work of art if necessaryto protect his reputation from damage. It is presumed necessary for an artistto protect his reputation from damage if his work of art is displayed,published or reproduced in this state, without his consent, in a defaced, mutilatedor altered form and damage to his reputation is reasonably foreseeable.

(Added to NRS by 1989, 193)(Substituted in revisionfor NRS 598.972)

NRS 597.740 Restrictionson publication and public display; civil remedy; defacement, mutilation or alterationof work.

1. Except as otherwise provided in subsection 3, ifdamage to the reputation of an artist is reasonably foreseeable, a person shallnot, without the consent of that artist, publish or display in public, in thisstate, the artists work of art or a reproduction of the artists work of art,in a defaced, mutilated or altered form and represent it as the work of theartist.

2. An artist who is injured by a violation ofsubsection 1 may bring an action for damages, together with reasonableattorneys fees and the costs of the action as are authorized under NRS 18.110.

3. Defacement, mutilation or alteration of a work ofart which is caused by the passage of time or the inherent nature of thematerials used in the creation of the work of art does not give an artist theright to disclaim authorship pursuant to NRS597.730 or a cause of action under subsection 2, unless the defacement,mutilation or alteration of the work of art is the result of negligentconservation. For the purposes of this subsection, conservation means thoseacts taken to preserve and protect a work of art or to slow its deterioration.

4. A change in a work of art that is an ordinaryresult of a medium of reproduction does not constitute defacement, mutilationor alteration.

(Added to NRS by 1989, 193)(Substituted in revisionfor NRS 598.974)

NRS 597.750 Waiverof rights. An artist may waive, in writing,his rights under NRS 597.720 to 597.760, inclusive.

(Added to NRS by 1989, 193)(Substituted in revisionfor NRS 598.976)

NRS 597.760 Transferof ownership or right of reproduction.

1. When ownership of a work of art is transferred fromthe artist who created it or his heirs, the right of reproduction remains withthe artist or his heirs until it passes into the public domain by act oroperation of law or is expressly transferred in writing.

2. When an exclusive or nonexclusive right ofreproduction is transferred by the owner of such right, it must be presumedthat ownership of the physical work of art remains with the owner of the workof art unless it is expressly transferred in writing with the right ofreproduction.

3. For the purposes of this section right ofreproduction means the right to reproduce, display and distribute copies of awork of art. The term includes the right to prepare variations of the originalwork of art.

(Added to NRS by 1989, 193)(Substituted in revisionfor NRS 598.978)

RIGHT OF PUBLICITY

NRS 597.770 Definitions. As used in NRS 597.770to 597.810, inclusive:

1. Commercial use includes the use of the name,voice, signature, photograph or likeness of a person on or in any product, merchandiseor goods or for the purposes of advertising, selling or soliciting the purchaseof any product, merchandise, goods or service.

2. Governmental agency means the Commission onTourism and a governmental entity in a county whose population is 100,000 ormore that has as a statutory purpose, power or duty the promotion of travel ortourism in this state and that employs photographers full-time or by contractto take pictures to promote travel and tourism, portray historical events orcommemorate persons or physical sites that are significant in the history ofthe state.

3. Person means a natural person.

(Added to NRS by 1989, 1608; A 1995, 1645)

NRS 597.780 Scope. The provisions of NRS597.770 to 597.810, inclusive, applyto any commercial use within this state of a living or deceased persons name,voice, signature, photograph or likeness regardless of the persons domicile.

(Added to NRS by 1989, 1610)(Substituted in revisionfor NRS 598.982)

NRS 597.790 Existenceand term of right; written consent required for commercial use; exceptions.

1. There is a right of publicity in the name, voice,signature, photograph or likeness of every person. The right endures for a termconsisting of the life of the person and 50 years after his death, regardlessof whether the person commercially exploits the right during his lifetime.

2. Any commercial use by another of the name, voice,signature, photograph or likeness of a person requires the written consent ofthat person or his successor in interest unless:

(a) The use is contained in material which iscommercially sponsored but the use is not directly connected with thecommercial sponsorship;

(b) The use is an attempt to portray, imitate, simulateor impersonate a person in a live performance;

(c) The use is in connection with a news, publicaffairs or sports broadcast or publication;

(d) The use is an attempt to portray, imitate, simulateor impersonate a person in a play, book, magazine article, newspaper article,musical composition, film, or a radio, television or other audio or visualprogram, except where the use is directly connected with commercial sponsorship;

(e) The use is in connection with an original work ofart except that multiple editions of such a work of art require consent;

(f) The use is in connection with an advertisement orcommercial announcement for a use permitted by this subsection; or

(g) The use is in connection with the efforts of agovernmental agency to promote travel and tourism in this state, portrayhistorical events or commemorate persons or physical sites that are significantin the history of this state, except where the use is directly connected withcommercial sponsorship.

For thepurposes of this subsection, the issue of whether a use is directly connectedwith commercial sponsorship is a question of fact, to be determined by thetrier of fact in an action brought pursuant to NRS 597.810.

3. If a governmental agency intends to havephotographs taken at a public event for use pursuant to paragraph (g) ofsubsection 2, the governmental agency shall, if practicable, announce orotherwise inform the public, or request the sponsor of the event to announce orotherwise inform the public, that photographs may be taken that can be used inmaterials for the promotion of travel and tourism in this state without permissionfrom the person photographed.

(Added to NRS by 1989, 1608; A 1995, 1646)

NRS 597.800 Transferabilityof right; commercial use upon death; rights of successors in interest;registration of claim; fee.

1. The right of publicity established by NRS 597.790 is freely transferable, inwhole or in part, by contract, license, gift, conveyance, assignment, devise ortestamentary trust by a person or his successor in interest.

2. If a deceased person has not transferred his rightsas provided by subsection 1, and he has no surviving beneficiary or successorin interest upon his death, the commercial use of his name, voice, signature,photograph or likeness does not require consent.

3. A successor in interest or a licensee of a deceasedperson may file in the Office of the Secretary of State, on a form prescribedby the Secretary of State and upon the payment of a filing fee of $25, averified application for registration of his claim. The application mustinclude:

(a) The legal and professional name of the deceasedperson;

(b) The date of death of the deceased person;

(c) The name and address of the claimant;

(d) The basis of the claim; and

(e) A description of the rights claimed.

4. A successor in interest or a licensee of a deceasedperson may not assert any right against any unauthorized commercial use of thedeceased persons name, voice, signature, photograph or likeness that beginsbefore the filing of an application to register his claim.

5. A person, firm or corporation seeking to use thename, voice, signature, photograph or likeness of a deceased person forcommercial purposes must first make a reasonable effort, in good faith, todiscover the identity of any person who qualifies as a successor in interest tothe deceased person. A person claiming to be a successor in interest to adeceased person must, within 6 months after the date he becomes aware or shouldreasonably have become aware of an unauthorized commercial use of the deceasedpersons name, voice, signature, photograph or likeness, register a claim withthe Secretary of State pursuant to subsection 3. Failure to register shall bedeemed a waiver of any right of publicity.

6. The Secretary of State may microfilm or reproduceby other techniques any document filed pursuant to this section and thereafterdestroy the original of the document. The microfilm or other reproduction isadmissible in any court of record. The Secretary of State may destroy themicrofilm or other reproduction 50 years after the death of the person whoseidentity is the subject of the claim.

7. A claim registered pursuant to this section is apublic record.

(Added to NRS by 1989, 1609)(Substituted in revisionfor NRS 598.986)

NRS 597.810 Remediesfor unauthorized commercial use; liability of owner or employee of medium usedfor advertising.

1. Any commercial use of the name, voice, signature,photograph or likeness of another by a person, firm or corporation withoutfirst having obtained written consent for the use is subject to:

(a) Injunctive relief to prevent or restrain theunauthorized use; and

(b) An action at law for any injuries sustained byreason of the unauthorized use. In such a suit, the plaintiff may recover:

(1) Actual damages, but not less than $750; and

(2) Exemplary or punitive damages, if the trierof fact finds that the defendant knowingly made use of the name, voice,signature, photograph or likeness of another person without the consentrequired by NRS 597.790.

2. No owner or employee of any medium used foradvertising is liable pursuant to this section for any unauthorized commercialuse of a persons name, voice, signature, photograph or likeness unless it isestablished that the owner or employee had actual knowledge of the unauthorizeduse.

(Added to NRS by 1989, 1609)(Substituted in revisionfor NRS 598.988)

DEVICES FOR AUTOMATIC DIALING AND ANNOUNCING

NRS 597.812 Devicefor automatic dialing and announcing defined. Asused in NRS 597.812 to 597.818, inclusive, device for automaticdialing and announcing means any equipment that:

1. Incorporates a storage capability of telephonenumbers to be called and utilizes a random or sequential number generatorproducing telephone numbers to be called; and

2. Is used exclusively, working alone or in conjunctionwith other equipment, to disseminate a prerecorded message to the telephonenumber called to solicit a person at the telephone number called to purchasegoods or services.

(Added to NRS by 1999, 3331)

NRS 597.814 Useprohibited; exceptions; restrictions.

1. Except asotherwise provided in subsection 3 and NRS597.816, a person shall not use a device for automatic dialing andannouncing to disseminate a prerecorded message in a telephone call unless,before the message is disseminated, a recorded or unrecorded natural voice:

(a) Informs theperson who answers the telephone call of the nature of the call, including,without limitation, the fact that a device for automatic dialing and announcingwill be used to disseminate the message if the person who answers the callremains on the line; and

(b) Provides tothe person who answers the telephone call the name, address and telephonenumber of the business or organization, if any, being represented by thecaller.

2. A personshall not operate a device for automatic dialing and announcing to place:

(a) A call thatis received by a telephone located in this State during the period between 8p.m. and 9 a.m.; or

(b) A call-back or second call to the same telephonenumber if a person at the telephone number terminated the original call.

3. This section does not prohibit the use of a devicefor automatic dialing and announcing to dial the number of and play a recordedmessage to a person with whom the person using the device or another personaffiliated with the person using the device has a preexisting businessrelationship.

(Added to NRS by 1989, 79; A 1999, 3332; 2003, 2874)

NRS 597.816 Additionalexceptions to prohibition of use. Theprovisions of NRS 597.814 do notprohibit the use of a device for automatic dialing and announcing by any personexclusively on behalf of:

1. A school or school district to contact the parentsor guardians of a pupil regarding the attendance of the pupil or regardingother business of the school or school district.

2. A nonprofit organization.

3. A company that provides cable television servicesto contact its customers regarding a previously arranged installation of suchservices at the premises of the customer.

4. A public utility to contact its customers regardinga previously arranged installation of utility services at the premises of thecustomer.

5. A facility that processes or stores petroleum,volatile petroleum products, natural gas, liquefied petroleum gas, combustiblechemicals, explosives, high-level radioactive waste or other dangeroussubstances to advise local residents, public service agencies and news media ofan actual or potential life-threatening emergency.

6. A state or local governmental agency, or a privateentity operating under contract with and at the direction of such an agency, toprovide:

(a) Information relating to public safety;

(b) Information relating to a police or fire emergency;or

(c) A warning of an impending or threatening emergency.

7. A candidate for public office, committee advocatingthe passage or defeat of a ballot question, political party, committeesponsored by a political party or a committee for political action.

(Added to NRS by 1999, 3331)

NRS 597.818 Penalty.

1. A person who violates any provision of NRS 597.814 is guilty of a misdemeanor.

2. If a person is found guilty of, or has pleadedguilty or nolo contendere to, violating any provision of NRS 597.814, his telephone service to whicha device for automatic dialing and announcing has been connected must besuspended for a period determined by the court.

(Added to NRS by 1999, 3332)

MISCELLANEOUS PROVISIONS

NRS 597.820 Profiteeringin articles on which there is sales tax; penalty.

1. No person, dealer, firm, agency, partnership,corporation, service station, garage, or business concern of any kind,wholesale or retail, shall add to the selling price of any article ofmerchandise, commodity, service or utility, motor part or accessory, tire,gasoline or other motor fuel or lubricating liquid, or any article whatsoeverupon which there is or hereafter may be a sales tax, either federal or state,when sold, offered or exposed for sale, trade or barter in this State, morethan the actual amount of such sales tax in the smallest unit under which anyof such articles is offered for sale or sold; provided, that where such salestax in case of units of any such merchandise or articles amounts to less than 1cent, 1 cent and no more may be added to the price of the unit when sold.

2. A violation of the provisions of subsection 1 shallbe a misdemeanor.

[Part 1:175:1933; 1931 NCL 6821] + [Part 2:175:1933;1931 NCL 6821.01](NRS A 1967, 620)(Substituted in revision for NRS 598.010)

NRS 597.830 Unlawfuladditions to entertainment or amusement tax; penalty.

1. If a federal or state tax is imposed on anadmission to or on a ticket sold for a public entertainment or amusement of anykind in this state, it shall be unlawful to add to the price of the admissionor ticket more than the actual amount of the tax.

2. A violation of the provisions of subsection 1 shallbe a misdemeanor.

[Part 1:175:1933; 1931 NCL 6821] + [Part2:175:1933; 1931 NCL 6821.01](NRS A 1967, 620)(Substituted in revision forNRS 598.020)

NRS 597.840 Unlawfulretention of deposit for longer than agreed time; penalty.

1. A person shall not hold a deposit for the purchaseof an item longer than the time specified in a contract between the purchaserand the seller if the purchaser is entitled to the return of the deposit.

2. A person who violates the provisions of subsection1 shall be punished by a fine of not more than the amount of the depositmultiplied by the number of working days the deposit was retained after returnwas due.

(Added to NRS by 1985, 2255)(Substituted in revisionfor NRS 598.025)

NRS 597.850 Shoplifting:Merchant may request person on premises to keep merchandise in full view;detention of suspect; immunity of merchant from liability; display of notice.

1. As used in this section and in NRS 597.860 and 597.870:

(a) Merchandise means any personal property, capableof manual delivery, displayed, held or offered for sale by a merchant.

(b) Merchant means an owner or operator, and theagent, consignee, employee, lessee, or officer of an owner or operator, of anymerchants premises.

(c) Premises means any establishment or part thereofwherein merchandise is displayed, held or offered for sale.

2. Any merchant may request any person on his premisesto place or keep in full view any merchandise the person may have removed, orwhich the merchant has reason to believe he may have removed, from its place ofdisplay or elsewhere, whether for examination, purchase or for any otherpurpose. No merchant is criminally or civilly liable on account of having madesuch a request.

3. Any merchant who has reason to believe thatmerchandise has been wrongfully taken by a person and that he can recover themerchandise by taking the person into custody and detaining him may, for thepurpose of attempting to effect such recovery or for the purpose of informing apeace officer of the circumstances of such detention, take the person intocustody and detain him, on the premises, in a reasonable manner and for areasonable length of time. A merchant is presumed to have reason to believethat merchandise has been wrongfully taken by a person and that he can recoverthe merchandise by taking the person into custody and detaining him if themerchant observed the person concealing merchandise while on the premises. Suchtaking into custody and detention by a merchant does not render the merchantcriminally or civilly liable for false arrest, false imprisonment, slander orunlawful detention unless the taking into custody and detention areunreasonable under all the circumstances.

4. No merchant is entitled to the immunity fromliability provided for in this section unless there is displayed in aconspicuous place on his premises a notice in boldface type clearly legible andin substantially the following form:

 

Any merchant or his agent whohas reason to believe that merchandise has been wrongfully taken by a personmay detain such person on the premises of the merchant for the purpose ofrecovering the property or notifying a peace officer. An adult or the parentsor legal guardian of a minor, who steals merchandise is civilly liable for itsvalue and additional damages. NRS 597.850,597.860 and 597.870.

 

(Added to NRS by 1959, 407; A 1961, 357; 1963, 504;1969, 1528; 1973, 376, 1476; 1985, 468; 1993, 1798; 1997, 22; 1999, 96; 2005, 1093)

NRS 597.860 Shoplifting:Civil liability of adult who steals merchandise from or damages property onmerchants premises.

1. An adult who steals merchandise from, or damagesproperty on, a merchants premises is civilly liable for the retail value ofthe merchandise or the fair market value of the other property, plus damages ofnot less than $100 nor more than $250, costs of suit and reasonable attorneysfees. An action may be brought even if there has been no criminal convictionfor the theft or damage.

2. An action under this section may be brought as asmall claim in a Justice Court if the total amount sought does not exceed thestatutory limit for such a claim.

(Added to NRS by 1973, 376; A 1985, 796; 1993,77)(Substituted in revision for NRS 598.033)

NRS 597.870 Shoplifting:Civil liability of parent or guardian of minor who steals merchandise from ordamages property on merchants premises.

1. The parent or legal guardian, as the case may be,of a minor who steals merchandise from, or damages property on, a merchantspremises is civilly liable for:

(a) The retail value of the merchandise; and

(b) The fair market value of the damaged property,

plus damagesof not less than $100 nor more than $250, costs of suit and reasonableattorneys fees. An action may be brought even if there has been no criminalconviction for the theft or damage. Recovery under this section may be had inaddition to, and is not limited by, any other provision of law which limits theliability of a parent or legal guardian for the tortious conduct of a minor.

2. An action under this section may be brought as asmall claim in a Justice Court if the total amount sought does not exceed thestatutory limit for such a claim.

(Added to NRS by 1973, 376; A 1985, 796; 1993,78)(Substituted in revision for NRS 598.035)

NRS 597.880 Saleand advertising of master keys for motor vehicles limited; penalty.

1. As used in this section, master motor vehicle keyset means a key or keys that may be used to operate more than one motorvehicle.

2. A person shall not sell a master motor vehicle keyset to any person except automobile dealers, automobile repairmen, locksmithsand peace officers of the State of Nevada.

3. A person shall not advertise the sale of a mastermotor vehicle key set except in trade journals of automobile dealers,automobile repairmen and locksmiths.

4. Any person who violates the provisions ofsubsection 2 or 3 is guilty of a misdemeanor.

(Added to NRS by 1967, 142; A 1985, 347)(Substitutedin revision for NRS 598.040)

NRS 597.890 Advertisingthat climate of facility for storage of personal property is controlled:Requirements; penalty; civil liability.

1. The owner of a facility for the storage of personalproperty or a person acting on his behalf shall not advertise that the facilityis climate controlled unless the advertisement specifies the range of theminimum and maximum temperature and humidity within which the facility ismaintained.

2. If an owner or a person acting on his behalf failsto indicate the range of temperature and humidity of a facility in anyadvertisement that refers to it as being climate controlled or fails tomaintain the temperature and humidity of the facility within the advertisedrange, the owner is guilty of a misdemeanor and is liable to the occupant forany damages that are caused to the occupants personal property as a result ofextremes in temperature or humidity, notwithstanding any contrary provision inthe rental agreement.

3. As used in this section, the terms facility,occupant, owner, personal property and rental agreement have the meaningsascribed to them respectively in NRS108.4733 to 108.4745, inclusive.

(Added to NRS by 1991, 2164)(Substituted in revisionfor NRS 598.045)

NRS 597.900 Saleof imitation Indian arts and crafts not clearly labeled as imitationprohibited.

1. As used in this section:

(a) Imitation Indian arts or crafts articles meansthose made by machine, or made either wholly or partially out of synthetic orartificial materials, or articles which are not made by Indian labor orworkmanship.

(b) Indian means a person who is enrolled or who is alineal descendant of one enrolled upon an enrollment listing of the Bureau of IndianAffairs, or upon the enrollment listing of a recognized Indian tribe, domiciledin the United States.

2. A person shall not distribute, sell or offer forsale in this state any imitation Indian art or craft articles unless thearticles are at all times clearly and legibly designated as imitation.

3. Only those articles bearing a registered trademarkor label of authentic Indian labor or workmanship may be deemed authenticIndian arts or crafts articles.

4. Any person violating the provisions of this sectionis guilty of a misdemeanor.

(Added to NRS by 1967, 765; A 1985, 347)(Substitutedin revision for NRS 598.050)

NRS 597.910 Salesof rifles and shotguns to residents of Nevada and contiguous states inaccordance with federal law.

1. Residents of the State of Nevada may purchaserifles and shotguns in states contiguous to Nevada if:

(a) Such residents conform to the applicable provisionsof the federal firearms control law (18 U.S.C. 921 et seq.) and anyregulation promulgated thereunder.

(b) Such residents conform to the provisions of lawapplicable to such a purchase in Nevada and in the state where the purchase ismade.

2. Residents of a state contiguous to the State ofNevada may purchase rifles and shotguns in Nevada if:

(a) Such residents conform to the applicable provisionsof the federal firearms control law (18 U.S.C. 921 et seq.) and anyregulation promulgated thereunder.

(b) Such residents conform to the provisions of lawapplicable to such purchase in Nevada and in the state where such personsreside.

(Added to NRS by 1969, 730)(Substituted in revisionfor NRS 598.060)

NRS 597.915 Informalmerchants: Prohibited acts; penalty; evidence of legal acquisition of newproduct.

1. An informal merchant shall not offer for sale orknowingly allow the sale of any new product that he knows or reasonably shouldhave known is stolen, has been recalled by the manufacturer, has beenadulterated, has not been maintained at the proper temperature, has anexpiration date that has passed, has been discarded by the manufacturer or aretailer, is an inferior product if he does not clearly indicate suchinferiority, or has any other defect that makes the product ineffective for theuse for which it is purchased or that makes the product below the qualityexpected by the consumer.

2. An informal merchant who violates the provisions ofsubsection 1 shall be punished:

(a) If the sale of the product does not causesubstantial bodily harm to another person, for a gross misdemeanor.

(b) If the sale of the product causes substantialbodily harm to another person, for a category C felony as provided in NRS 193.130.

3. Upon request of a peace officer, an informalmerchant shall provide reliable evidence of the legal acquisition of a newproduct that the merchant is offering for sale. If it is determined that theproduct was stolen and the informal merchant fails to provide such evidence, aninference is created that the informal merchant knew or should have known thatthe product was stolen.

4. As used in this section:

(a) Informal market means:

(1) A gathering at which:

(I) Two or more persons offer personalproperty for sale or exchange;

(II) A fee is charged for the sale orexchange of personal property; or

(III) A fee is charged for admission tothe area in which personal property is offered for sale or exchange; or

(2) A place at which personal property isoffered or displayed for sale or exchange on more than six occasions in aperiod of 12 months,

whether heldin a building, under cover or in the open air.

(b) Informal merchant means a person who does nothave an established retail store in the county and who transports an inventoryof goods to an informal market and displays the goods for sale, offers them forsale at retail or sells them at retail.

(c) New product means any tangible good which hasnever been used or which is in its original, unopened package or container.

(d) Stolen means taken unlawfully from or without thepermission of the owner, whether or not the person who took the item is or hasbeen prosecuted or convicted for the taking of the item.

(Added to NRS by 1999, 2543)

NRS 597.940 Restrictionson recording of account number of credit card as condition to accepting checkor draft; restrictions on recording of telephone number as condition toaccepting credit card.

1. Except as otherwise provided in this subsection, abusiness shall not, without the customers consent, record the account numberof any of a customers credit cards on the customers check or draft as acondition of accepting that check or draft. This subsection does not prohibit:

(a) The business from requiring the customer to producereasonable forms of positive identification other than a credit card,including, without limitation:

(1) A drivers license;

(2) An identification card issued by theDepartment of Motor Vehicles; or

(3) A consular identification card,

as acondition of accepting a check or draft.

(b) The business from requesting the customer todisplay a credit card as an indicia of creditworthiness or financialresponsibility, if the only information recorded by the business concerning thecredit card is the type of credit card displayed, the issuer of the card andthe date the card expires.

(c) The business from requesting the customer to recordthe account number of his credit card on the check or draft with which paymenton the credit card account is being made.

(d) The business from requesting the production of orrecording of the account number of a credit card as a condition of cashing acheck or draft if:

(1) The business has agreed with the issuer of thecredit card to cash the checks or drafts as a service to the cardholders of theissuer;

(2) The issuer has agreed to guarantee any suchcheck or draft so cashed; and

(3) The cardholder has given actual, apparent orimplied authority for the use of his account number for this purpose.

2. Except as otherwise provided in this subsection, abusiness shall not, without the customers consent, record a customerstelephone number on the credit card sales slip as a condition of accepting hiscredit card. This subsection does not:

(a) Prohibit the recordation of personal identifyinginformation required for a special purpose incidental to the use of the creditcard, such as the delivery, shipping, servicing or installation of thepurchased merchandise.

(b) Apply to a transaction in which the customerreceives a cash advance against his credit card or to a transaction involvingthe use of preprinted spaces for personal identifying information that thebusiness accepting the credit card has a contractual obligation to record inorder to complete the transaction.

(c) Apply to a transaction in which the customerspurchase is made by the use of a device that electronically authorizes the useof the credit card and processes information relating thereto.

3. As used in this section, unless the contextotherwise requires:

(a) Consular identification card means anidentification card issued by a consulate of a foreign government, whichconsulate is located within the State of Nevada.

(b) Credit card has the meaning ascribed to it in NRS 205.630.

(c) Identification card issued by the Department ofMotor Vehicles means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

(Added to NRS by 1991, 1418; A 2003, 1936)

NRS 597.945 Restrictionson printing expiration date or account number of credit card or debit card onreceipt.

1. Except as otherwise provided in this section, if aperson accepts credit cards or debit cards for the transaction of business, theperson shall not do any of the following:

(a) Print the expiration date of the credit card ordebit card on any receipt provided to the cardholder.

(b) Print more than the last five digits of the accountnumber of the credit card or debit card on any receipt provided to thecardholder.

2. This section:

(a) Applies only to receipts that are electronicallyprinted.

(b) Does not apply to transactions in which the onlymeans of recording the credit card or debit card number is:

(1) By handwriting the credit card or debit cardnumber; or

(2) By imprinting or copying the credit card ordebit card.

3. If any cash register or other machine or devicethat electronically prints receipts for credit card or debit card transactionswas first put into use before October 1, 2003, the provisions of this sectiondo not apply to any transaction that occurs with regard to that cash registeror other machine or device before January 1, 2008.

4. As used in this section:

(a) Credit card means any instrument or device,whether known as a credit card, credit plate or by any other name, issued withor without fee by an issuer for the use of the cardholder in obtaining money,property, goods, services or anything else of value on credit.

(b) Debit card means any instrument or device,whether known as a debit card or by any other name, that is issued with orwithout a fee by an issuer for the use of the cardholder in obtaining money,property, goods, services or anything else of value, subject to the issuer removingmoney from the checking account or savings account of the cardholder.

(Added to NRS by 2003, 1358)

NRS 597.950 Unsolicitedmerchandise deemed unconditional gift to recipient; liability of sender;exceptions.

1. Any person who receives unsolicited goods, wares ormerchandise offered for sale, but not actually ordered or requested by himorally or in writing, is entitled to consider those goods, wares or merchandisean unconditional gift, and he may use or dispose of them as he sees fit withoutobligation on his part to the sender.

2. The sender of unsolicited goods, wares ormerchandise must pay actual and reasonable expenses incurred by the recipient:

(a) In returning the goods, wares or merchandise to thesender; or

(b) In resisting attempts by the sender to collectpayment for the goods, wares or merchandise.

3. The sender of unsolicited goods, wares ormerchandise is liable to the recipient for any impairment of the credit of therecipient caused by attempts by the sender to collect payment for the goods,wares or merchandise.

4. The provisions of subsections 1, 2 and 3 do notapply to the following:

(a) Where delivery of goods, wares or merchandise is bymistake in response to an order to the sender for other goods, wares ormerchandise.

(b) Where delivery is made by mistake to someone otherthan a person who ordered goods, wares or merchandise from the sender.

(c) Where the sender has sent a substitute orsubstitutes in response to an order for certain goods, wares or merchandise.

(d) Where someone has ordered a gift for another fromthe sender, and the goods, wares or merchandise were sent directly to therecipient of the gift.

(e) Where delivery of goods, wares or merchandise ismade by mistake to a member of a subscription-type plan (such as a book club orrecord club) operated by the sender.

(Added to NRS by 1971, 383; A 1979, 188)(Substitutedin revision for NRS 598.090)

NRS 597.960 Collectionof fee for dishonored check accepted as payment for goods or services.

1. A seller, or his agent, may collect a fee of notmore than $25 for each check which was accepted by the seller as payment forgoods or services and, upon presentment to the drawee, was not honored becausethe drawer stopped payment on the check, the drawer does not have an accountwith the drawee or the drawer does not have sufficient funds in his account orcredit with the drawee to cover the amount of the check.

2. As used in this section:

(a) Check includes a draft or other negotiable orderfor the payment of money on demand which is drawn on a bank or other financialinstitution.

(b) Drawee means the person ordered in the check tomake payment.

(c) Drawer means the person who signs or isidentified in the check as the person ordering payment.

(Added to NRS by 1995, 342)

NRS 597.970 Restrictionson transfer of personal information through electronic transmission. [EffectiveOctober 1, 2008.]

1. A business in this State shall not transfer anypersonal information of a customer through an electronic transmission otherthan a facsimile to a person outside of the secure system of the businessunless the business uses encryption to ensure the security of electronictransmission.

2. As used in this section:

(a) Encryption has the meaning ascribed to it in NRS 205.4742.

(b) Personal information has the meaning ascribed toit in NRS 603A.040.

(Added to NRS by 2005, 2506,effective October 1, 2008)

 

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