Nev. Rev. Stat. § 244.NEW

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 244.NEW - [Newly enacted section not yet numbered] [Adoption of ordinance imposing requirements regulating time, place and manner of sidewalk vending]
1. In addition to the provisions of section 8 of this act, an ordinance adopted by a board of county commissioners that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively and directly related to the health, safety or welfare concerns of the public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to section 25 of this act.
(II) Ensure compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a farmers' market licensed pursuant to NRS 244.337 during the operating hours of the farmers' market.
(2) Within the immediate vicinity of an area designated for a temporary special event by the board of county commissioners, provided that any notice or other right provided to affected businesses or property owners during the temporary special event is also provided to any sidewalk vendors permitted to operate in the area, if applicable. A prohibition of sidewalk vendors pursuant to this subparagraph must only be effective for the limited duration of the temporary special event.
(3) Within a set distance established by the board of county commissioners of:
(I) Except as otherwise provided in section 7.5 of this act, an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center, polling place, religious institution or place of worship or park or recreational facility owned by the county; or
(IV) A highly trafficked pedestrian mall, convention center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary sidewalk vendors from operating in such areas.
2. As used in this section:
(a) "Entertainment district" means a contiguous area located within a county that:
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries or studios, dance studios or athletic stadiums.
(b) "Pedestrian mall" has the meaning ascribed to it in NRS 268.811.

NRS 244.NEW

Added by 2023, Ch. 228,§9, eff. 1/1/2024.