2022 Nevada Revised Statutes
Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts
NRS 597.162 - Additional prohibited acts by supplier.

A supplier shall not:

1. Prohibit a wholesaler from selling an alcoholic beverage of any other supplier;

2. Prevent a wholesaler from using best efforts to sell, market, advertise or promote an alcoholic beverage of any other supplier;

3. Provide any reward or penalty to, or in any other way condition its relationship with, a wholesaler based upon the amount of sales the wholesaler makes of an alcoholic beverage of any other supplier;

4. Disapprove a wholesaler’s selection of a general manager or successor general manager based on the wholesaler’s sales, marketing, advertising, promotion or retail placement of an alcoholic beverage of any other supplier;

5. Require a wholesaler to report to the supplier any of the wholesaler’s financial information associated with the purchase, sale or distribution of an alcoholic beverage of any other supplier, except that nothing in this subsection prohibits a wholesaler from reporting general financial information in order for the supplier to assess the overall financial condition of a wholesaler as a condition of providing credit, so long as the supplier does not require the wholesaler to submit disaggregated financial information associated with or identifying the wholesaler’s sales of an alcoholic beverage of another supplier or suppliers;

6. Fix or maintain the price at which a wholesaler may resell an alcoholic beverage purchased from the supplier;

7. Require a wholesaler to pay to the supplier all or any portion of the difference in the suggested retail price of an alcoholic beverage and the actual price at which the wholesaler sells the alcoholic beverage;

8. Require a wholesaler to accept delivery of any alcoholic beverage or any other item that is not voluntarily ordered by the wholesaler or is in violation of any levels of inventory that are mutually agreed upon in writing by the supplier and wholesaler;

9. Prohibit or restrain, directly or indirectly, a wholesaler from participating in an organization that represents the interests of wholesalers for any lawful purpose;

10. Discriminate against, penalize or otherwise retaliate against a wholesaler because the wholesaler raises, alleges or otherwise brings to the attention of the Department of Taxation an actual, potential or perceived violation of this chapter or enter into an agreement with a wholesaler which purports to waive any right or remedy of the wholesaler pursuant to this subsection;

11. Require a wholesaler to participate in or contribute to any advertising fund or promotional activity that:

(a) Is not used for advertising or a promotional activity in the marketing area of the wholesaler; or

(b) Requires a contribution by the wholesaler that exceeds any amount specified for that purpose in the franchise;

12. Fail to approve or disapprove an invoice or claim for reimbursement submitted by a wholesaler within 45 days after receipt of the invoice or claim;

13. Fail to pay to a wholesaler the amount of any invoice or claim for reimbursement within 45 days after the supplier approves the invoice or claim;

14. Require a wholesaler to make payments to the supplier under terms that are materially different from the payment terms applicable to the supplier when making payments to the wholesaler; or

15. Withdraw credit or credit terms from a wholesaler except in accordance with the terms of a written policy of the supplier which is provided or otherwise made available to the wholesaler.

(Added to NRS by 2009, 1543: A 2017, 2579; 2021, 1686)