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] [Prohibited sale of food, beverages or merchandise upon public sidewalk or pedestrian path from conveyance]
1. Except as otherwise provided in subsection 4, a person shall not sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;
(c) A convention facility operated by a county fair and recreation board; or
(d) A median of a highway, if the median is adjacent to a parking lot.
2. For any violation of subsection 1, a board of county commissioners may impose a criminal, civil or administrative penalty in accordance with an ordinance adopted by the board of county commissioners pursuant to section 7 of this act. The maximum criminal penalty that may be specified in an ordinance adopted pursuant to section 7 of this act is a misdemeanor. A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude.
3. Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;
(c) A convention facility operated by a county fair and recreation board; or
(d) A median of a highway that is adjacent to a parking lot.
4. A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.

NRS 244.NEW

Added by 2023, Ch. 228,§7.5, eff. 10/15/2023.