Section 202.24935 - Sale and distribution of cigarettes and certain other tobacco, vapor and nicotine products to persons under the age of 21 years through use of certain networks prohibited; duties of persons who sell and distribute cigarettes and certain other tobacco, vapor and nicotine products through use of certain networks; submission of certification to Attorney General; penalties1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to a person under the age of 21 years through the use of a computer network, telephonic network or other electronic network.2. Every person who sells or distributes cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to an ultimate consumer in this State through the use of a computer network, telephonic network or electronic network shall:(a) Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word "cigarettes" or, if the items being shipped are not cigarettes, the words "tobacco products," "vapor products" or "nicotine products," as applicable.(b) Obtain the full name, date of birth and residential address of the purchaser and perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 21 years.3. Every person who makes sales as described in subsection 2 must certify annually to the Attorney General that the person uses an independent, third-party age verification service as described in paragraph (b) of subsection 2.4. In addition to or in lieu of any other civil or criminal remedy provided by law, a person who violates this section is subject to: (a) A civil penalty in an amount not more than $1,000 for each violation; and(b) The suspension or revocation of the license of the person by the Department of Taxation, if the person is licensed pursuant to chapter 370 of NRS.5. Any violation of subsection 2 constitutes a deceptive trade practice for the purpose of NRS 598.0903 to 598.0999, inclusive.6. For the purposes of this section, any sale of cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to a natural person in this State who does not intend to resell the item constitutes a sale to an ultimate consumer.Added to NRS by 2001, 2787; A 2007, 2060; 2013, 1532; 2019, 3596; 2021, 444, 822Amended by 2021, Ch. 105,§2, eff. 5/27/2021.Amended by 2019, Ch. 562,§7.7, eff. 1/1/2020.Amended by 2013, Ch. 326,§14, eff. 10/1/2013.Added to NRS by 2001, 2787; A 2007, 2060