S.B. 108
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SENATE BILL NO. 108–SENATOR NGUYEN
FEBRUARY 8, 2023
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions governing brew pubs.
(BDR 52-296)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to alcoholic beverages; revising the definition of
“special event” for the purposes of certain provisions
governing brew pubs; authorizing a person who operates a
brew pub to engage in certain activities concerning the
transport, storage and sale of malt beverages; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and operation of brew pubs in this State. 1
(NRS 369.180, 597.230) Existing law authorizes a person who operates one or 2
more brew pubs to sell at retail: (1) malt beverages that are manufactured on or off 3
the premises of any of the brew pubs for consumption on the premises; and (2) malt 4
beverages that are manufactured and sealed in packages on the premises of any of 5
the brew pubs for consumption off the premises. (NRS 597.230) Section 2 of this 6
bill additionally authorizes a person who operates one or more brew pubs to sell at 7
retail: (1) malt beverages that are manufactured on or off the premises of any of the 8
brew pubs for consumption at any other location operated by the person; and (2) 9
malt beverages that are manufactured on the premises of any of the brew pubs and 10
which are sealed in packages at any other location operated by the person for 11
consumption off the premises. Section 2 also authorizes such a person to transport 12
malt beverages to and store malt beverages at any location operated by the person 13
for the purpose of conducting such sales. 14
Existing law authorizes a person who operates a brew pub to transport malt 15
beverages to a licensed retailer, other than a person who operates a brew pub, for 16
the purpose of selling the malt beverages at a special event in this State. (NRS 17
597.230) Section 2 authorizes a person who operates a brew pub to transport malt 18
beverages to another person who operates a brew pub for the purpose of selling the 19
malt beverages at a special event in this State. 20
Existing law defines a special event as an event that lasts not longer than 1 21
calendar day and occurs at a farmers’ market or at an event designated as a county 22
fair. (NRS 597.200) Section 1 of this bill revises that definition to instead define a 23
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special event as an event that lasts not longer than 3 calendar days and for which a 24
permit has been issued by the local government where the event is conducted. 25
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 597.200 is hereby amended to read as follows: 1
597.200 As used in NRS 597.190 to 597.255, inclusive, unless 2
the context otherwise requires: 3
1. “Alcoholic beverage” means any malt beverage or 4
spirituous, vinous or malt liquor which contains 1 percent or more 5
ethyl alcohol by volume. 6
2. “Brew pub” means an establishment which manufactures 7
malt beverages and sells those malt beverages at retail pursuant to 8
the provisions of NRS 597.230. 9
3. “Case of spirits” means 12 bottles, each containing 750 10
milliliters of distilled spirits. 11
4. “Craft distillery” means an establishment which: 12
(a) Manufactures distilled spirits from agricultural raw materials 13
through distillation; and 14
(b) Is authorized to sell those distilled spirits pursuant to the 15
provisions of this chapter. 16
5. “Distillation” means the process of producing or purifying 17
spirituous liquor by successive evaporation and condensation. 18
6. “Engage in” includes participation in a business as an owner 19
or partner, or through a subsidiary, affiliate, ownership equity or in 20
any other manner. 21
7. “Estate distillery” means an establishment which: 22
(a) Manufactures distilled spirits from agricultural raw materials 23
through distillation, provided that 85 percent of such agricultural 24
raw materials, in the aggregate, were grown on land within this State 25
which is owned or controlled by the owner of the distillery; and 26
(b) Is authorized to sell those distilled spirits pursuant to the 27
provisions of this chapter. 28
8. “Instructional wine-making facility” means an instructional 29
wine-making facility operated pursuant to NRS 597.245. 30
9. “Legal age” means the age at which a person is legally 31
permitted to purchase an alcoholic beverage pursuant to 32
NRS 202.020. 33
10. “Malt beverage” means beer, ale, porter, stout and other 34
similar fermented beverages of any name or description, brewed or 35
produced from malt, wholly or in part. 36
11. “Special event” means an event : [that:] 37
(a) [Lasts] That lasts not longer than [1] 3 calendar [day;] days; 38
and 39
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(b) [Occurs at: 1
(1) A farmers’ market, as defined in NRS 244.336; or 2
(2) An event designated as a county fair by a county fair and 3
recreation board appointed pursuant to NRS 244A.599, 244A.601 or 4
244A.603.] For which a permit has been issued by the local 5
government where the event is conducted. 6
12. “Supplier” has the meaning ascribed to it in NRS 597.140. 7
13. “Wine” has the meaning ascribed to it in NRS 369.140. 8
Sec. 2. NRS 597.230 is hereby amended to read as follows: 9
597.230 1. In any county, a person may operate a brew pub: 10
(a) In any redevelopment area established in that county 11
pursuant to chapter 279 of NRS; 12
(b) In any historic district established in that county pursuant to 13
NRS 384.005; 14
(c) In any retail liquor store as that term is defined in 15
NRS 369.090; or 16
(d) In any other area in the county designated by the board of 17
county commissioners for the operation of brew pubs. In a city 18
which is located in that county, a person may operate a brew pub in 19
any area in the city designated by the governing body of that city for 20
the operation of brew pubs. 21
Except as otherwise provided in paragraph (e) of subsection 3, a 22
person who operates one or more brew pubs may not manufacture 23
more than 40,000 barrels of malt beverages for all the brew pubs he 24
or she operates in this State in any calendar year. 25
2. The premises of any brew pub operated pursuant to this 26
section must be conspicuously identified as a “brew pub.” 27
3. Except as otherwise provided in subsection 4, a person who 28
operates one or more brew pubs pursuant to this section may, upon 29
obtaining a license pursuant to chapter 369 of NRS and complying 30
with any other applicable governmental requirements: 31
(a) Manufacture and store malt beverages on the premises of one 32
or more of the brew pubs and: 33
(1) Sell and transport the malt beverages manufactured on 34
the premises to a person holding a valid wholesale wine and liquor 35
dealer’s license or wholesale beer dealer’s license issued pursuant to 36
chapter 369 of NRS. 37
(2) Transport the malt beverages manufactured on the 38
premises to and store the malt beverages at any other location that 39
is operated by the person for the purpose of selling the malt 40
beverages at retail pursuant to paragraph (c) or (d). 41
(3) Donate for charitable or nonprofit purposes and, for the 42
purposes of the donation, transport the malt beverages manufactured 43
on the premises in accordance with the terms and conditions of a 44
special permit for the transportation of the malt beverages obtained 45
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from the Department of Taxation pursuant to subsection 4 of 1
NRS 369.450. 2
[(3)] (4) Transfer in bulk the malt beverages manufactured 3
on the premises: 4
(I) To a person holding a valid wholesale wine and liquor 5
dealer’s license or wholesale beer dealer’s license issued pursuant to 6
chapter 369 of NRS for the purpose of transferring in bulk the malt 7
beverages to an estate distillery for the purpose of distillation and 8
blending, which transfer is taxable only as provided in 9
NRS 597.237; or 10
(II) If there is no wholesaler who is able or willing to 11
accept and transfer in bulk the malt beverages pursuant to sub-12
subparagraph (I), to a person holding a valid license to operate an 13
estate distillery issued pursuant to chapter 369 of NRS for the 14
purpose of distillation and blending, which transfer is taxable only 15
as provided in NRS 597.237 and must be performed in accordance 16
with the terms and conditions of a special permit for the 17
transportation of the malt beverages obtained from the Department 18
of Taxation pursuant to subsection 4 of NRS 369.450. 19
(b) Manufacture and store malt beverages on the premises of 20
one or more of the brew pubs and transport the malt beverages 21
manufactured on the premises to a retailer, [other than] including, 22
without limitation, a person who operates a brew pub pursuant to 23
this section, that holds a valid license pursuant to chapter 369 of 24
NRS for the purpose of selling the malt beverages at a special event 25
in accordance with the terms and conditions of a special permit for 26
the transportation of the malt beverages obtained from the 27
Department of Taxation pursuant to subsection 4 of NRS 369.450. 28
For the purposes of this paragraph, the person who operates one or 29
more brew pubs shall not obtain more than 20 such special permits 30
for the transportation of the malt beverages from the Department of 31
Taxation pursuant to subsection 4 of NRS 369.450 within a calendar 32
year. 33
(c) Sell at retail, not for resale, malt beverages manufactured on 34
or off the premises of one or more of the brew pubs for consumption 35
on the premises [.] or at any other location operated by the person. 36
(d) Sell at retail, not for resale, in packages sealed on the 37
premises of one or more of the brew pubs [,] or at any other 38
location operated by the person, malt beverages, including malt 39
beverages in unpasteurized form, manufactured on the premises for 40
consumption off the premises. 41
(e) In a calendar year, in addition to the amount of malt 42
beverages which may be manufactured pursuant to subsection 1, 43
manufacture and sell 20,000 barrels of malt beverages for all the 44
brew pubs he or she operates in this State provided such barrels are 45
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sold to a wholesaler located outside of this State, subject to such 1
periodic auditing as the Department of Taxation shall require by 2
regulation. 3
4. The amount of malt beverages sold pursuant to paragraphs 4
(b), (c) and (d) of subsection 3 must not exceed a total of 5,000 5
barrels in any calendar year. Of the 5,000 barrels, not more than 6
1,000 barrels may be sold in kegs. 7
Sec. 3. This act becomes effective on July 1, 2023. 8
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