2020 Nevada Revised Statutes
Chapter 370 - Tobacco: Licenses and Taxes; Supervision of Manufacturers and Wholesale Dealers
NRS 370.521 - Sale and distribution of cigarettes, cigarette paper and other tobacco products to minor prohibited; civil penalty; notice of civil infraction; denial of liability for civil infraction; payment and disposition of civil penalty. [Effective January 1, 2020.]
1. Except as otherwise provided in subsections 2 and 3, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any child under the age of 18 years.
2. A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper or other tobacco products, the person:
(a) Demands that the other person present a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
(b) Is presented a valid driver’s license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older; and
(c) Reasonably relies upon the driver’s license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.
3. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport cigarettes, cigarette paper or other tobacco products, in the course of the child’s lawful employment, provide cigarettes, cigarette paper or other tobacco products to the child.
4. A person who violates this section is liable for a civil penalty of:
(a) For the first violation within a 24-month period, $100.
(b) For the second violation within a 24-month period, $250.
(c) For the third and any subsequent violation within a 24-month period, $500.
5. If an employee or agent of a licensee has violated this section:
(a) For the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.
(b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.
(c) For the fourth violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $1,250.
(d) For the fifth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $2,500.
6. A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violation of this section. A notice of infraction must be issued on a form prescribed by the Department and must contain:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment at which the violation occurred;
(d) The signature of the person who issued the notice of infraction;
(e) A copy of the section which allegedly is being violated;
(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction; and
(g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.
7. A notice of infraction issued pursuant to subsection 6 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
8. A person to whom a notice of infraction is issued pursuant to subsection 6 shall respond to the notice by:
(a) Admitting the violation stated in the notice and paying to the Department the applicable civil penalty set forth in subsection 4 or 5.
(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of a request for a hearing pursuant to this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing pursuant to chapter 233B of NRS.
9. Any money collected by the Department from a civil penalty pursuant to this section must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.
10. As used in this section, "licensee" means a person who holds a license issued by the Department pursuant to this chapter.
(Added to NRS by 2019, 3588, effective January 1, 2020)
