S.B. 92
- *SB92*
SENATE BILL NO. 92–SENATORS DONATE AND FLORES
PREFILED JANUARY 31, 2023
____________
JOINT SPONSORS: ASSEMBLYWOMEN MARZOLA,
GONZÁLEZ AND TORRES
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to sidewalk vendors.
(BDR 20-53)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to sidewalk vendors; establishing certain
requirements for the regulation of sidewalk vendors by
the governing body of certain counties and cities;
requiring a local board of health to adopt certain
regulations relating to sidewalk vendors who sell food;
creating the Task Force on Safe Sidewalk Vending;
setting forth the membership and duties of the Task Force
on Safe Sidewalk Vending; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law grants a governing body of a county or city all powers necessary 1
and proper to address matters of local concern. (NRS 244.146, 268.0035) Sections 2
1-11 and 15-24 of this bill set forth various requirements for the licensing and 3
regulation of street food and merchandise vendors by the governing body of certain 4
counties and cities. 5
Sections 2 and 16 of this bill provide that the provisions of sections 1-10 and 6
15-25 of this bill apply only to a county whose population is 100,000 or more 7
(currently Clark and Washoe Counties) or to a city in a county whose population is 8
100,000 or more. 9
Sections 4-6 and 18-20 of this bill define the terms “roaming sidewalk 10
vendor,” “sidewalk vendor” and “stationary sidewalk vendor.” 11
Sections 7 and 21 of this bill prohibit a governing body of a county or city 12
from: (1) enforcing or enacting a complete prohibition on sidewalk vending; (2) 13
imposing criminal penalties for the act of sidewalk vending; or (3) regulating 14
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sidewalk vendors, except in compliance or substantial compliance with the 15
provisions of this bill. 16
Sections 8 and 22 of this bill authorize a governing body of a county or city to 17
require that a sidewalk vendor: (1) hold certain state and local permits or licenses; 18
and (2) submit certain information to the county or city. 19
Sections 9 and 23 of this bill provide that an ordinance adopted by a governing 20
body of a county or city: (1) may not impose certain restrictions on sidewalk 21
vending, including restricting a sidewalk vendor to certain parts of the public right-22
of-way or requiring a sidewalk vendor to operate only in certain designated areas or 23
neighborhoods; and (2) may, with certain exceptions, impose additional 24
requirements regulating the time, place and manner of sidewalk vending. 25
Sections 10 and 24 of this bill authorize a governing body of a county or city 26
to impose by ordinance certain administrative fines for a violation of the provisions 27
of the ordinance regulating sidewalk vendors. 28
Section 11 makes a conforming change to create an exception to the authority 29
of a board of county commissioners to regulate all character of lawful trades, 30
callings, industries, occupations, professions and business. 31
Existing law authorizes a local board of health to adopt regulations relating to 32
food establishments. (NRS 446.940) Section 25 requires a local board of health to 33
adopt regulations that allow a person applying for a permit to operate as a sidewalk 34
vendor to: (1) pay any fees required by the local board of health using a payment 35
plan; and (2) obtain any necessary certification as a food handler if the person does 36
not have a driver’s license or identification card. 37
Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the 38
Office of the Secretary of State and requires the Secretary of State to appoint nine 39
members to the Task Force. Section 14 of this bill requires the Task Force to 40
review existing laws governing sidewalk vending and recommend approaches to 41
improve the laws of this State and cities and counties of this State governing 42
sidewalk vending. 43
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 10, inclusive, of this 2
act. 3
Sec. 2. The provisions of sections 2 to 10, inclusive, of this 4
act apply only to a county whose population is 100,000 or more. 5
Sec. 3. As used in sections 2 to 10, inclusive, of this act, 6
unless the context otherwise requires, the words and terms defined 7
in sections 4, 5 and 6 of this act have the meanings ascribed to 8
them in those sections. 9
Sec. 4. “Roaming sidewalk vendor” means a sidewalk vendor 10
who moves from place to place and stops only to sell food or 11
merchandise. 12
Sec. 5. “Sidewalk vendor” means a person who sells food or 13
merchandise upon a public sidewalk or other pedestrian path from 14
a nonmotorized conveyance, including, without limitation, a 15
pushcart, stand, display, pedal-driven cart, wagon, showcase or 16
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rack. This term includes, without limitation, a roaming sidewalk 1
vendor and a stationary sidewalk vendor. 2
Sec. 6. “Stationary sidewalk vendor” means a sidewalk 3
vendor who sells food or merchandise from a fixed location. 4
Sec. 7. 1. A board of county commissioners shall not: 5
(a) Enact or enforce a complete prohibition on sidewalk 6
vendors. 7
(b) Impose a criminal penalty on the act of sidewalk vending. 8
2. If a board of county commissioners adopts an ordinance 9
regulating sidewalk vendors, the ordinance must comply with the 10
requirements of sections 2 to 10, inclusive, of this act. 11
3. A board of county commissioners that does not adopt an 12
ordinance that complies or substantially complies with sections 2 13
to 10, inclusive, of this act, shall not cite, fine or prosecute a 14
sidewalk vendor for a violation of any rule or regulation that is 15
inconsistent with the provisions of sections 2 to 10, inclusive, of 16
this act. 17
Sec. 8. An ordinance adopted by a board of county 18
commissioners regulating sidewalk vendors may require that a 19
sidewalk vendor: 20
1. Hold: 21
(a) A permit for sidewalk vending; 22
(b) A state business license; and 23
(c) Any other licenses issued by a state or local governmental 24
agency to the extent otherwise required by law. 25
Nothing in this section shall be construed to authorize a 26
sidewalk vendor to not comply with any requirement to obtain a 27
state business license or other license issued by a state agency to 28
the extent otherwise required by law. 29
2. Submit information to the designated representative of the 30
county relating to his or her operations, including, with limitation: 31
(a) The name and current mailing address of the sidewalk 32
vendor; 33
(b) If the sidewalk vendor is an agent of an individual, 34
company, partnership or corporation, the name and business 35
address of the principal office; 36
(c) A description of the food or merchandise offered for sale; 37
and 38
(d) A certification by the sidewalk vendor that, to the best of 39
his or her knowledge and belief, the information submitted 40
pursuant to this section is true. 41
Sec. 9. 1. Except as otherwise provided in subsection 2, an 42
ordinance adopted by a board of county commissioners that 43
regulates sidewalk vendors must not: 44
(a) Require a sidewalk vendor to: 45
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(1) Operate within specific parts of the public right-of-way; 1
(2) Obtain the consent or approval of any nongovernmental 2
entity or individual before the sidewalk vendor may sell food or 3
merchandise; or 4
(3) Operate only in a designated neighborhood or area; 5
(b) Prohibit a sidewalk vendor from selling food or 6
merchandise in a park owned or operated by the county, unless the 7
operator of the park has signed an agreement for concessions that 8
exclusively permits the sale of food or merchandise by the 9
concessionaire; or 10
(c) Restrict the overall number of sidewalk vendors permitted 11
to operate within the county. 12
2. In addition to the provisions of section 8 of this act, an 13
ordinance adopted by a board of county commissioners that 14
regulates sidewalk vendors may: 15
(a) Adopt requirements regulating the time, place and manner 16
of sidewalk vending if the requirements are objectively and 17
directly related to the health, safety or welfare concerns of the 18
public, which may include, without limitation: 19
(1) Restrictions on: 20
(I) The hours of operation of a sidewalk vendor, which 21
may not be unduly restrictive. In a nonresidential area, any 22
restriction on the hours of operation of a sidewalk vendor must 23
not be more restrictive than any restriction on the hours of 24
operation imposed on other businesses or uses on the same street. 25
(II) Sidewalk vending in a park owned or operated by 26
the county if the restrictions are necessary to ensure the use and 27
enjoyment by the public of natural resources and recreational 28
opportunities or to prevent an unreasonable interference with the 29
scenic and natural character of the park. 30
(2) Requirements to: 31
(I) Maintain sanitary conditions. 32
(II) Ensure compliance with the Americans with 33
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 34
(b) Restrict or prohibit sidewalk vendors from operating: 35
(1) In areas located within the immediate vicinity of a 36
farmers’ market licensed pursuant to NRS 244.337 during the 37
operating hours of the farmers’ market. 38
(2) Within the immediate vicinity of an area designated for 39
a temporary special event by the board of county commissioners, 40
provided that any notice or other right provided to affected 41
businesses or property owners during the temporary special event 42
is also provided to any sidewalk vendors permitted to operate in 43
the area, if applicable. A prohibition of sidewalk vendors pursuant 44
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to this paragraph must only be effective for the limited duration of 1
the temporary special event. 2
(3) Within a set distance established by the board of county 3
commissioners of an establishment that holds a nonrestricted 4
gaming license described in subsection 1 or 2 of NRS 463.0177. 5
(4) In areas that are zoned exclusively for residential use, 6
but must not prohibit roaming sidewalk vendors in such areas. 7
(c) Establish a schedule of administrative fines for violations 8
of the ordinance in accordance with the requirements of section 9
10 of this act. 10
3. For the purposes of this section, perceived community 11
animus or economic competition does not constitute an objective 12
health, safety or welfare concern. 13
Sec. 10. 1. Except as otherwise provided in subsection 2, in 14
accordance with an ordinance adopted pursuant to sections 2 to 15
10, inclusive, of this act, a board of county commissioners may 16
impose an administrative fine on a sidewalk vendor not to exceed: 17
(a) For a first violation, $100; 18
(b) For a second violation within 1 year of the first violation, 19
$200; and 20
(c) For a third or subsequent violation within 1 year of the first 21
violation, $500. 22
2. If a board of county commissioners requires a sidewalk 23
vendor to obtain a permit for sidewalk vending, the board of 24
county commissioners may, for a violation of the requirement to 25
obtain the permit: 26
(a) Impose an administrative fine not to exceed: 27
(1) For a first violation, $250; 28
(2) For a second violation within 1 year of the first 29
violation, $500; and 30
(3) For a third or subsequent violation within 1 year of the 31
first violation, $1,000; and 32
(b) Suspend or revoke a permit issued to a sidewalk vendor for 33
the term of that permit upon a fourth or subsequent violation. 34
Upon proof of a valid permit issued by the county, the 35
administrative fines set forth in this subsection must be reduced to 36
the administrative fines set forth in subsection 1. 37
3. No additional fines, fees, assessments or any other 38
financial conditions beyond those authorized by this section may 39
be imposed by ordinance. When imposing an administrative fine 40
in accordance with the provisions of this section, the ability of the 41
person to pay the fine must be taken into consideration. In lieu of 42
paying an administrative fine, an ordinance adopted pursuant to 43
sections 2 to 10, inclusive, of this act, must allow for: 44
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(a) A person to complete community service in lieu of paying 1
an administrative fine; 2
(b) The fine to be waived; or 3
(c) An alternative disposition. 4
Sec. 11. NRS 244.335 is hereby amended to read as follows: 5
244.335 1. Except as otherwise provided in subsections 2, 3, 6
4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 7
to 244.35359, inclusive, a board of county commissioners may: 8
(a) Except as otherwise provided in NRS 244.331 to 244.3345, 9
inclusive, 598D.150 and 640C.100, and sections 2 to 10, inclusive, 10
of this act, regulate all character of lawful trades, callings, 11
industries, occupations, professions and business conducted in its 12
county outside of the limits of incorporated cities and towns. 13
(b) Except as otherwise provided in NRS 244.3359 and 576.128, 14
fix, impose and collect a license tax for revenue or for regulation, or 15
for both revenue and regulation, on such trades, callings, industries, 16
occupations, professions and business. 17
2. The county license boards have the exclusive power in their 18
respective counties to regulate entertainers employed by an 19
entertainment by referral service and the business of conducting a 20
dancing hall, escort service, entertainment by referral service or 21
gambling game or device permitted by law, outside of an 22
incorporated city. The county license boards may fix, impose and 23
collect license taxes for revenue or for regulation, or for both 24
revenue and regulation, on such employment and businesses. 25
3. A board of county commissioners shall not require that a 26
person who is licensed as a contractor pursuant to chapter 624 of 27
NRS obtain more than one license to engage in the business of 28
contracting or pay more than one license tax related to engaging in 29
the business of contracting, regardless of the number of 30
classifications or subclassifications of licensing for which the person 31
is licensed pursuant to chapter 624 of NRS. 32
4. The board of county commissioners or county license board 33
shall not require a person to obtain a license or pay a license tax on 34
the sole basis that the person is a professional. As used in this 35
subsection, “professional” means a person who: 36
(a) Holds a license, certificate, registration, permit or similar 37
type of authorization issued by a regulatory body as defined in NRS 38
622.060 or who is regulated pursuant to the Nevada Supreme Court 39
Rules; and 40
(b) Practices his or her profession for any type of compensation 41
as an employee. 42
5. The county license board shall provide upon request an 43
application for a state business license pursuant to chapter 76 of 44
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NRS. No license to engage in any type of business may be granted 1
unless the applicant for the license: 2
(a) Signs an affidavit affirming that the business has complied 3
with the provisions of chapter 76 of NRS; or 4
(b) Provides to the county license board the business 5
identification number of the applicant assigned by the Secretary of 6
State pursuant to NRS 225.082 which the county may use to 7
validate that the applicant is currently in good standing with the 8
State and has complied with the provisions of chapter 76 of NRS. 9
6. No license to engage in business as a seller of tangible 10
personal property may be granted unless the applicant for the 11
license: 12
(a) Presents written evidence that: 13
(1) The Department of Taxation has issued or will issue a 14
permit for this activity, and this evidence clearly identifies the 15
business by name; or 16
(2) Another regulatory agency of the State has issued or will 17
issue a license required for this activity; or 18
(b) Provides to the county license board the business 19
identification number of the applicant assigned by the Secretary of 20
State pursuant to NRS 225.082 which the county may use to 21
validate that the applicant is currently in good standing with the 22
State and has complied with the provisions of paragraph (a). 23
7. Any license tax levied for the purposes of NRS 244.3358 or 24
244A.597 to 244A.655, inclusive, constitutes a lien upon the real 25
and personal property of the business upon which the tax was levied 26
until the tax is paid. The lien has the same priority as a lien for 27
general taxes. The lien must be enforced: 28
(a) By recording in the office of the county recorder, within 6 29
months after the date on which the tax became delinquent or was 30
otherwise determined to be due and owing, a notice of the tax lien 31
containing the following: 32
(1) The amount of tax due and the appropriate year; 33
(2) The name of the record owner of the property; 34
(3) A description of the property sufficient for identification; 35
and 36
(4) A verification by the oath of any member of the board of 37
county commissioners or the county fair and recreation board; and 38
(b) By an action for foreclosure against the property in the same 39
manner as an action for foreclosure of any other lien, commenced 40
within 2 years after the date of recording of the notice of the tax 41
lien, and accompanied by appropriate notice to other lienholders. 42
8. The board of county commissioners may delegate the 43
authority to enforce liens from taxes levied for the purposes of NRS 44
244A.597 to 244A.655, inclusive, to the county fair and recreation 45
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board. If the authority is so delegated, the board of county 1
commissioners shall revoke or suspend the license of a business 2
upon certification by the county fair and recreation board that the 3
license tax has become delinquent, and shall not reinstate the license 4
until the tax is paid. Except as otherwise provided in NRS 239.0115 5
and 244.3357, all information concerning license taxes levied by an 6
ordinance authorized by this section or other information concerning 7
the business affairs or operation of any licensee obtained as a result 8
of the payment of such license taxes or as the result of any audit or 9
examination of the books by any authorized employee of a county 10
fair and recreation board of the county for any license tax levied for 11
the purpose of NRS 244A.597 to 244A.655, inclusive, is 12
confidential and must not be disclosed by any member, officer or 13
employee of the county fair and recreation board or the county 14
imposing the license tax unless the disclosure is authorized by the 15
affirmative action of a majority of the members of the appropriate 16
county fair and recreation board. Continuing disclosure may be so 17
authorized under an agreement with the Department of Taxation or 18
Secretary of State for the exchange of information concerning 19
taxpayers. 20
9. Except as otherwise provided by regulations adopted by the 21
Cannabis Compliance Board pursuant to NRS 678B.645, a board of 22
county commissioners shall not license or otherwise allow a person 23
to operate a business that allows cannabis, as defined in NRS 24
678A.085, or cannabis products, as defined in NRS 678A.120, to be 25
consumed on the premises of the business, other than a cannabis 26
consumption lounge, as defined in NRS 678A.087, in accordance 27
with the provisions of chapter 678B of NRS. 28
Sec. 12. Chapter 225 of NRS is hereby amended by adding 29
thereto the provisions set forth as sections 13 and 14 of this act. 30
Sec. 13. 1. The Task Force on Safe Sidewalk Vending is 31
hereby created within the Office of the Secretary of State. 32
2. The Task Force consists of the following nine members 33
appointed by the Secretary of State: 34
(a) A representative of a health district in this State; 35
(b) A representative employed by a county or city whose 36
primary duties are the performance of tasks related to code 37
enforcement or zoning; 38
(c) A representative who owns a small business in this State; 39
(d) A representative from a rural area of this State; 40
(e) A representative from the Office of the Secretary of State; 41
and 42
(f) Four members at large chosen by the Secretary of State. 43
3. The members of the Task Force: 44
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(a) Shall serve terms of 3 years. A member may be reappointed 1
to the Task Force and any vacancy must be filled in the same 2
manner as the original appointment. 3
(b) Serve without compensation. 4
4. A majority of the members of the Task Force constitutes a 5
quorum for the transaction of business, and a majority of these 6
members present at the meeting is sufficient for any official action 7
taken by the Task Force. 8
5. As used in this section, “code enforcement” means the 9
enforcement of laws, ordinances or codes regulating public 10
nuisances or the public health, safety and welfare. 11
Sec. 14. 1. The Task Force on Safe Sidewalk Vending 12
created by section 13 of this act shall: 13
(a) Review the existing laws of this State, the cities and 14
counties in this State and those of other states and municipalities 15
relating to sidewalk vending; and 16
(b) Recommend approaches to improve the laws of this State 17
and the cities and counties of this State to: 18
(1) Legalize sidewalk vending; 19
(2) Simplify and standardize the laws governing sidewalk 20
vending; 21
(3) Remove unnecessary barriers to sidewalk vending; and 22
(4) Protect the public health, safety and welfare by 23
ensuring sidewalk vendors follow clear and narrowly tailored laws 24
which address demonstrable health, safety and welfare risks. 25
2. On or before September 1 of each even-numbered year, the 26
Task Force shall submit to the Director of the Legislative Counsel 27
Bureau for submission to the Legislative Commission a written 28
report. The report must include, without limitation, a summary of 29
the work of the Task Force and any recommendations for 30
legislation. 31
Sec. 15. Chapter 268 of NRS is hereby amended by adding 32
thereto the provisions set forth as sections 16 to 24, inclusive, of this 33
act. 34
Sec. 16. The provisions of sections 16 to 24, inclusive, of this 35
act apply only to a city in a county whose population is 100,000 or 36
more. 37
Sec. 17. As used in sections 16 to 24, inclusive, of this act, 38
unless the context otherwise requires, the words and terms defined 39
in sections 18, 19 and 20 of this act have the meanings ascribed to 40
them in those sections. 41
Sec. 18. “Roaming sidewalk vendor” means a sidewalk 42
vendor who moves from place to place and stops only to sell food 43
or merchandise. 44
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Sec. 19. “Sidewalk vendor” means a person who sells food or 1
merchandise upon a public sidewalk or other pedestrian path from 2
a nonmotorized conveyance, including, without limitation, a 3
pushcart, stand, display, pedal-driven cart, wagon, showcase or 4
rack. This term includes, without limitation, a roaming sidewalk 5
vendor and a stationary sidewalk vendor. 6
Sec. 20. “Stationary sidewalk vendor” means a sidewalk 7
vendor who sells food or merchandise from a fixed location. 8
Sec. 21. 1. A city council or other governing body of an 9
incorporated city shall not: 10
(a) Enact or enforce a complete prohibition on sidewalk 11
vendors. 12
(b) Impose a criminal penalty on the act of sidewalk vending. 13
2. If a city council or other governing body of an 14
incorporated city adopts an ordinance regulating sidewalk 15
vendors, the ordinance must comply with the requirements of 16
sections 16 to 24, inclusive, of this act. 17
3. A city council or other governing body of an incorporated 18
city that does not adopt an ordinance that complies or 19
substantially complies with sections 16 to 24, inclusive, of this act, 20
shall not cite, fine or prosecute a sidewalk vendor for a violation 21
of any rule or regulation that is inconsistent with the provisions of 22
sections 16 to 24, inclusive, of this act. 23
Sec. 22. An ordinance adopted by a city council or other 24
governing body of an incorporated city regulating sidewalk 25
vendors may require that a sidewalk vendor: 26
1. Hold: 27
(a) A permit for sidewalk vending; 28
(b) A state business license; and 29
(c) Any other licenses issued by the State or local 30
governmental agency to the extent otherwise required by law. 31
Nothing in this section shall be construed to authorize a 32
sidewalk vendor to not comply with any requirement to obtain a 33
state business license or other license issued by a state agency to 34
the extent otherwise required by law. 35
2. Submit information to the designated representative of the 36
city relating to his or her operations, including, with limitation: 37
(a) The name and current mailing address of the sidewalk 38
vendor; 39
(b) If the sidewalk vendor is an agent of an individual, 40
company, partnership or corporation, the name and business 41
address of the principal office; 42
(c) A description of the food or merchandise offered for sale; 43
and 44
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(d) A certification by the sidewalk vendor that, to the best of 1
his or her knowledge and belief, the information submitted 2
pursuant to this section is true. 3
Sec. 23. 1. Except as otherwise provided in subsection 2, an 4
ordinance adopted by a city council or other governing body of an 5
incorporated city that regulates sidewalk vendors must not: 6
(a) Require a sidewalk vendor to: 7
(1) Operate within specific parts of the public right-of-way; 8
(2) Obtain the consent or approval of any nongovernmental 9
entity or individual before the sidewalk vendor may sell food or 10
merchandise; or 11
(3) Operate only in a designated neighborhood or area; 12
(b) Prohibit a sidewalk vendor from selling food or 13
merchandise in a park owned or operated by the city, unless the 14
operator of the park has signed an agreement for concessions that 15
exclusively permits the sale of food or merchandise by the 16
concessionaire; or 17
(c) Restrict the overall number of sidewalk vendors permitted 18
to operate within the city. 19
2. In addition to the provisions of section 22 of this act, an 20
ordinance adopted by a city council or other governing body of an 21
incorporated city that regulates sidewalk vendors may: 22
(a) Adopt requirements regulating the time, place and manner 23
of sidewalk vending if the requirements are objectively and 24
directly related to the health, safety or welfare concerns of the 25
public, which may include, without limitation: 26
(1) Restrictions on: 27
(I) The hours of operation of a sidewalk vendor, which 28
may not be unduly restrictive. In a nonresidential area, any 29
restriction on the hours of operation of a sidewalk vendor must 30
not be more restrictive than any restriction on the hours of 31
operation imposed on other businesses or uses on the same street. 32
(II) Sidewalk vending in a park owned or operated by 33
the city if the restrictions are necessary to ensure the use and 34
enjoyment by the public of natural resources and recreational 35
opportunities or to prevent an unreasonable interference with the 36
scenic and natural character of the park. 37
(2) Requirements to: 38
(I) Maintain sanitary conditions. 39
(II) Ensure compliance with the Americans with 40
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 41
(b) Restrict or prohibit sidewalk vendors from operating: 42
(1) In areas located within the immediate vicinity of a 43
farmers’ market licensed pursuant to NRS 268.092 during the 44
operating hours of the farmers’ market. 45
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(2) Within the immediate vicinity of an area designated for 1
a temporary special event by the city council or other governing 2
body of an incorporated city, provided that any notice or other 3
right provided to affected businesses or property owners during 4
the temporary special event is also provided to any sidewalk 5
vendors permitted to operate in the area, if applicable. A 6
prohibition of sidewalk vendors pursuant to this paragraph must 7
only be effective for the limited duration of the temporary special 8
event. 9
(3) Within a set distance established by the city council or 10
other governing body of an incorporated city of an establishment 11
that holds a nonrestricted gaming license described in subsection 12
1 or 2 of NRS 463.0177. 13
(4) In areas that are zoned exclusively for residential use, 14
but must not prohibit roaming sidewalk vendors in such areas. 15
(c) Establish a schedule of administrative fines for violations 16
of the ordinance in accordance with the requirements of section 17
24 of this act. 18
3. For the purposes of this section, perceived community 19
animus or economic competition does not constitute an objective 20
health, safety or welfare concern. 21
Sec. 24. 1. Except as otherwise provided in subsection 2, in 22
accordance with an ordinance adopted pursuant to sections 16 to 23
24, inclusive, of this act, a city council or other governing body of 24
an incorporated city may impose an administrative fine on a 25
sidewalk vendor not to exceed: 26
(a) For a first violation, $100; 27
(b) For a second violation within 1 year of the first violation, 28
$200; and 29
(c) For a third or subsequent violation within 1 year of the first 30
violation, $500. 31
2. If a city council or other governing body of an 32
incorporated city requires a sidewalk vendor to obtain a permit for 33
sidewalk vending, the city council or other governing body of an 34
incorporated city may, for a violation of the requirement to obtain 35
the permit: 36
(a) Impose an administrative fine not to exceed: 37
(1) For a first violation, $250; 38
(2) For a second violation within 1 year of the first 39
violation, $500; and 40
(3) For a third or subsequent violation within 1 year of the 41
first violation, $1,000; and 42
(b) Suspend or revoke a permit issued to a sidewalk vendor for 43
the term of that permit upon a fourth or subsequent violation. 44
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Upon proof of a valid permit issued by the city council or other 1
governing body of an incorporated city, the administrative fines set 2
forth in this subsection must be reduced to the administrative fines 3
set forth in subsection 1. 4
3. No additional fines, fees, assessments or any other 5
financial conditions beyond those authorized by this section may 6
be imposed by ordinance. When imposing an administrative fine 7
in accordance with the provisions of this section, the ability of the 8
person to pay the fine must be taken into consideration. In lieu of 9
paying an administrative fine, an ordinance adopted pursuant to 10
sections 16 to 24, inclusive, of this act, must allow for: 11
(a) A person to complete community service in lieu of paying 12
an administrative fine; 13
(b) The fine to be waived; or 14
(c) An alternative disposition. 15
Sec. 25. Chapter 446 of NRS is hereby amended by adding 16
thereto a new section to read as follows: 17
1. A local board of health in a county whose population is 18
100,000 or more or a city in a county whose population is 100,000 19
or more shall adopt regulations pursuant to NRS 446.940 for 20
sidewalk vendors of food which must, without limitation: 21
(a) Provide for a person applying for a permit for sidewalk 22
vending to pay any fees required by the local board of health using 23
a payment plan; and 24
(b) Establish procedures for a person seeking to operate as a 25
sidewalk vendor who does not have a drivers’ license or 26
identification card issued by this State or another State, the 27
District of Columbia or any territory of the United States to obtain 28
any certification required by the local board of health as a food 29
handler. 30
2. As used in this section: 31
(a) “Roaming sidewalk vendor” means a sidewalk vendor who 32
moves from place to place and stops only to sell food. 33
(b) “Sidewalk vendor” means a person who sells food upon a 34
public sidewalk or other pedestrian path from a nonmotorized 35
conveyance, including, without limitation, a pushcart, stand, 36
display, pedal-driven cart, wagon, showcase or rack. This term 37
includes a roaming sidewalk vendor and a stationary sidewalk 38
vendor. 39
(c) “Stationary sidewalk vendor” means a sidewalk vendor 40
who sells food from a fixed location. 41
Sec. 26. Any ordinance, regulation or rule of a county or city 42
which conflicts with the provisions of this act is void and 43
unenforceable. 44
– 14 –
- *SB92*
Sec. 27. 1. The provisions of sections 2 to 11, inclusive, and 1
15 to 24, inclusive, of this act apply to any pending criminal 2
proceeding for a violation of an ordinance regulating the act of 3
sidewalk vending. All pending criminal proceedings for a violation 4
of such an ordinance or regulation shall be dismissed. Any person 5
who is currently serving or who has completed a sentence, or who is 6
subject to a criminal fine, for a conviction for the act of sidewalk 7
vending, whether by trial or by open or negotiated plea, who would 8
not have been guilty of that offense under the provisions of sections 9
2 to 11, inclusive, and 15 to 24, inclusive, of this act may petition 10
for dismissal of the sentence, fine or conviction. 11
2. Nothing in this section is intended to diminish or abrogate: 12
(a) Any rights or remedies otherwise available to a petitioner; or 13
(b) The finality of judgements in any case that does not fall 14
within the provisions of sections 2 to 11, inclusive, and 15 to 24, 15
inclusive, of this act. 16
Sec. 28. The provisions of subsection 1 of NRS 218D.380 do 17
not apply to any provision of this act which adds or revises a 18
requirement to submit a report to the Legislature. 19
Sec. 29. 1. This section and sections 26, 27 and 28 of this act 20
become effective upon passage and approval. 21
2. Sections 12, 13 and 14 of this act become effective: 22
(a) Upon passage and approval for the purpose of appointing 23
members of the Task Force on Safe Sidewalk Vending and 24
performing any other preparatory administrative tasks to carry out 25
the provisions of sections 12, 13 and 14 of this act; and 26
(b) On January 1, 2024, for all other purposes. 27
3. Sections 1 to 11, inclusive, and 15 to 25, inclusive, of this 28
act become effective on January 1, 2024. 29
H