(Reprinted with amendments adopted on April 24, 2023)
FIRST REPRINT S.B. 92
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SENATE BILL NO. 92–SENATORS DONATE,
FLORES AND OHRENSCHALL
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; providing penalties; 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 15-24.5 of this bill set forth various requirements for the licensing and 3
regulation of sidewalk vendors of food by the governing body of certain counties 4
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 authorize a governing body of a county or city to 12
adopt an ordinance regulating sidewalk vendors. Sections 7 and 21 also prohibit a 13
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governing body of a county or city from, with certain exceptions: (1) enforcing or 14
enacting a complete prohibition on sidewalk vending; (2) imposing criminal 15
penalties for the act of sidewalk vending in a residential area; or (3) regulating 16
sidewalk vendors, except in compliance or substantial compliance with the 17
provisions of this bill. 18
Sections 7.5 and 21.5 of this bill prohibit a person from selling food upon a 19
public sidewalk or pedestrian path from a nonmotorized conveyance within 1,500 20
feet of: (1) a resort hotel; (2) certain event facilities; (3) certain convention 21
facilities; and (4) state historical markers. 22
Sections 8 and 22 of this bill authorize a governing body of a county or city to 23
require that a sidewalk vendor: (1) hold certain state and local permits or licenses; 24
and (2) submit certain information to the county or city. 25
Sections 9 and 23 of this bill provide that an ordinance adopted by a governing 26
body of a county or city may, with certain exceptions, impose additional 27
requirements regulating the time, place and manner of sidewalk vending. 28
Sections 10 and 24 of this bill authorize a governing body of a county or city 29
to impose by ordinance certain penalties and fines for a violation of the provisions 30
of the ordinance regulating sidewalk vendors or for operating without any required 31
license or permit for sidewalk vendors. 32
Sections 10.5 and 24.5 of this bill provide that the provisions of this bill 33
governing the regulation of sidewalk vendors by a governing body of county or city 34
shall not be construed to: (1) exempt a person from complying with any state or 35
local law or regulation; or (2) provide a defense to any criminal act that is not 36
related to the act of sidewalk vending. 37
Section 11 of this bill makes a conforming change to create an exception to the 38
authority of a board of county commissioners to regulate all character of lawful 39
trades, callings, industries, occupations, professions and business. 40
Existing law authorizes a local board of health to adopt regulations relating to 41
food establishments. (NRS 446.940) Section 25 of this bill requires a local board of 42
health to adopt regulations to establish a process for a person to apply for a permit, 43
license or other authorization from the local board of health to operate as a 44
sidewalk vendor and that allow a person applying for any such authorization to 45
operate as a sidewalk vendor to: (1) pay any fees required by the local board of 46
health using a payment plan; and (2) obtain any necessary certification as a food 47
handler if the person does not have a driver’s license or identification card. 48
Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the 49
Office of the Secretary of State and requires the Secretary of State to appoint nine 50
members to the Task Force. Section 14 of this bill requires the Task Force to 51
review existing laws governing sidewalk vending and recommend approaches to 52
improve the laws of this State and cities and counties of this State governing 53
sidewalk vending. 54
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 10.5, inclusive, of 2
this act. 3
Sec. 2. The provisions of sections 2 to 10.5, 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 10.5, inclusive, of this act, 6
unless the context otherwise requires, the words and terms defined 7
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in sections 4, 5 and 6 of this act have the meanings ascribed to 1
them in those sections. 2
Sec. 4. “Roaming sidewalk vendor” means a sidewalk vendor 3
who moves from place to place and stops only to sell food. 4
Sec. 5. “Sidewalk vendor” means a person who sells food 5
upon a public sidewalk or other pedestrian path from a 6
nonmotorized conveyance, including, without limitation, a 7
pushcart, stand, display, pedal-driven cart, wagon, showcase or 8
rack. This term includes, without limitation, a roaming sidewalk 9
vendor and a stationary sidewalk vendor. 10
Sec. 6. “Stationary sidewalk vendor” means a sidewalk 11
vendor who sells food from a fixed location. 12
Sec. 7. 1. A board of county commissioners may adopt an 13
ordinance regulating sidewalk vendors in accordance with the 14
requirements of sections 2 to 10.5, inclusive, of this act. 15
2. Except as otherwise provided in sections 2 to 10.5, 16
inclusive, of this act, a board of county commissioners shall not: 17
(a) Enact or enforce a complete prohibition on sidewalk 18
vendors. 19
(b) Impose a criminal penalty on the act of sidewalk vending 20
in a residential area. 21
3. A board of county commissioners that does not adopt an 22
ordinance that complies or substantially complies with sections 2 23
to 10.5, inclusive, of this act, shall not cite, fine or prosecute a 24
sidewalk vendor for a violation of any rule or regulation that is 25
inconsistent with the provisions of sections 2 to 10.5, inclusive, of 26
this act. 27
Sec. 7.5. 1. A person shall not sell food upon a public 28
sidewalk or pedestrian path from a nonmotorized conveyance, 29
including, without limitation, a pushcart, stand, display, pedal-30
driven cart, wagon, showcase or rack, within 1,500 feet of: 31
(a) A resort hotel, as defined in NRS 463.01865; 32
(b) An event facility that has seating capacity for at least 33
20,000 people and is constructed to accommodate a major or 34
minor league sports team; 35
(c) A convention facility operated by a county fair and 36
recreation board; or 37
(d) A state historical marker. 38
2. For any violation of subsection 1, a board of county 39
commissioners may impose a criminal, civil or administrative 40
penalty in accordance with an ordinance adopted by the board of 41
county commissioners pursuant to section 7 of this act. 42
Sec. 8. An ordinance adopted by a board of county 43
commissioners regulating sidewalk vendors pursuant to section 7 44
of this act may require that a sidewalk vendor: 45
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1. Hold: 1
(a) A permit or license for sidewalk vending; 2
(b) A state business license; and 3
(c) Any other licenses issued by a state or local governmental 4
agency to the extent otherwise required by law. 5
Nothing in this section shall be construed to authorize a 6
sidewalk vendor to not comply with any requirement to obtain a 7
state business license or other license issued by a state agency or 8
any permit or license issued by a local government, agency or 9
board of health to the extent otherwise required by law. 10
2. Submit information to the designated representative of the 11
county relating to his or her operations, including, with limitation: 12
(a) The name and current mailing address of the sidewalk 13
vendor; 14
(b) If the sidewalk vendor is an agent of an individual, 15
company, partnership or corporation, the name and business 16
address of the principal office; 17
(c) A description of the food offered for sale; and 18
(d) A certification by the sidewalk vendor that, to the best of 19
his or her knowledge and belief, the information submitted 20
pursuant to this section is true. 21
Sec. 9. 1. In addition to the provisions of section 8 of this 22
act, an ordinance adopted by a board of county commissioners 23
that regulates sidewalk vendors may: 24
(a) Adopt requirements regulating the time, place and manner 25
of sidewalk vending if the requirements are objectively and 26
directly related to the health, safety or welfare concerns of the 27
public, which may include, without limitation: 28
(1) Restrictions on the hours of operation of a sidewalk 29
vendor, which may not be more restrictive than any restriction 30
imposed by any applicable ordinance regulating noise or any 31
restriction on the hours of operation imposed on home-based 32
businesses or other businesses that are similar to sidewalk 33
vending; and 34
(2) Requirements to: 35
(I) Maintain sanitary conditions and comply with the 36
regulations adopted by a local board of health pursuant to section 37
25 of this act. 38
(II) Ensure compliance with the Americans with 39
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 40
(b) Restrict or prohibit sidewalk vendors from operating: 41
(1) In areas located within the immediate vicinity of a 42
farmers’ market licensed pursuant to NRS 244.337 during the 43
operating hours of the farmers’ market. 44
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(2) Within the immediate vicinity of an area designated for 1
a temporary special event by the board of county commissioners, 2
provided that any notice or other right provided to affected 3
businesses or property owners during the temporary special event 4
is also provided to any sidewalk vendors permitted to operate in 5
the area, if applicable. A prohibition of sidewalk vendors pursuant 6
to this subparagraph must only be effective for the limited 7
duration of the temporary special event. 8
(3) Within a set distance established by the board of county 9
commissioners of: 10
(I) Except as otherwise provided in section 7.5 of this 11
act, an establishment that holds a nonrestricted gaming license 12
described in subsection 1 or 2 of NRS 463.0177; 13
(II) A food establishment; 14
(III) A school, child care facility, community center, 15
polling place, religious institution or place of worship or park or 16
recreational facility owned by the county; or 17
(IV) A highly trafficked pedestrian mall, convention 18
center or designated entertainment district. 19
(4) In residential areas, but must not prohibit roaming 20
sidewalk vendors in such areas. 21
2. As used in this section: 22
(a) “Entertainment district” means a contiguous area located 23
within a county that: 24
(1) Is zoned for or customarily used for commercial 25
purposes; and 26
(2) Contains any number and combination of restaurants, 27
bars, entertainment establishments, music venues, theaters, art 28
galleries or studios, dance studios or athletic stadiums. 29
(b) “Pedestrian mall” has the meaning ascribed to it in 30
NRS 268.811. 31
Sec. 10. 1. In accordance with an ordinance adopted 32
pursuant to sections 2 to 10.5, inclusive, of this act, a board of 33
county commissioners may: 34
(a) Suspend or revoke any permit or license for sidewalk 35
vending for any violation of the ordinance or the terms or 36
conditions of the permit or license in the same manner as such 37
suspensions or revocations are imposed for other types of 38
businesses; 39
(b) Impose a civil penalty on the holder of a permit or license 40
for sidewalk vending that engages in sidewalk vending in a 41
residential area or for any violation of the terms or conditions of 42
the permit or license in accordance with the schedule of civil 43
penalties set forth in the ordinance, if any; 44
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(c) Impose a civil penalty on a person who engages in sidewalk 1
vending without holding a permit or license for sidewalk vending 2
required by the ordinance in accordance with the schedule of civil 3
penalties set forth in the ordinance, if any; and 4
(d) Authorize any other action to prevent the sale or 5
consumption of any food or drink that violates any requirements 6
established by a local board of health pursuant to section 25 of 7
this act. 8
2. For any person who engages in sidewalk vending without 9
holding a permit or license for sidewalk vending or who engages 10
in sidewalk vending in a prohibited area, a board of county 11
commissioners may also take any other action authorized under 12
existing law to enforce any prohibition on unlicensed business 13
activities, including, without limitation, any action authorized 14
pursuant to section 7.5 of this act. 15
Sec. 10.5. The provisions of sections 2 to 10.5, inclusive, of 16
this act shall not be construed to: 17
1. Exempt a person from complying with any state or local 18
law or regulation; or 19
2. Provide a defense to any criminal charge unrelated to the 20
act of sidewalk vending. 21
Sec. 11. NRS 244.335 is hereby amended to read as follows: 22
244.335 1. Except as otherwise provided in subsections 2, 3, 23
4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 24
to 244.35359, inclusive, a board of county commissioners may: 25
(a) Except as otherwise provided in NRS 244.331 to 244.3345, 26
inclusive, 598D.150 and 640C.100, and sections 2 to 10.5, 27
inclusive, of this act, regulate all character of lawful trades, callings, 28
industries, occupations, professions and business conducted in its 29
county outside of the limits of incorporated cities and towns. 30
(b) Except as otherwise provided in NRS 244.3359 and 576.128, 31
fix, impose and collect a license tax for revenue or for regulation, or 32
for both revenue and regulation, on such trades, callings, industries, 33
occupations, professions and business. 34
2. The county license boards have the exclusive power in their 35
respective counties to regulate entertainers employed by an 36
entertainment by referral service and the business of conducting a 37
dancing hall, escort service, entertainment by referral service or 38
gambling game or device permitted by law, outside of an 39
incorporated city. The county license boards may fix, impose and 40
collect license taxes for revenue or for regulation, or for both 41
revenue and regulation, on such employment and businesses. 42
3. A board of county commissioners shall not require that a 43
person who is licensed as a contractor pursuant to chapter 624 of 44
NRS obtain more than one license to engage in the business of 45
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contracting or pay more than one license tax related to engaging in 1
the business of contracting, regardless of the number of 2
classifications or subclassifications of licensing for which the person 3
is licensed pursuant to chapter 624 of NRS. 4
4. The board of county commissioners or county license board 5
shall not require a person to obtain a license or pay a license tax on 6
the sole basis that the person is a professional. As used in this 7
subsection, “professional” means a person who: 8
(a) Holds a license, certificate, registration, permit or similar 9
type of authorization issued by a regulatory body as defined in NRS 10
622.060 or who is regulated pursuant to the Nevada Supreme Court 11
Rules; and 12
(b) Practices his or her profession for any type of compensation 13
as an employee. 14
5. The county license board shall provide upon request an 15
application for a state business license pursuant to chapter 76 of 16
NRS. No license to engage in any type of business may be granted 17
unless the applicant for the license: 18
(a) Signs an affidavit affirming that the business has complied 19
with the provisions of chapter 76 of NRS; or 20
(b) Provides to the county license board the business 21
identification number of the applicant assigned by the Secretary of 22
State pursuant to NRS 225.082 which the county may use to 23
validate that the applicant is currently in good standing with the 24
State and has complied with the provisions of chapter 76 of NRS. 25
6. No license to engage in business as a seller of tangible 26
personal property may be granted unless the applicant for the 27
license: 28
(a) Presents written evidence that: 29
(1) The Department of Taxation has issued or will issue a 30
permit for this activity, and this evidence clearly identifies the 31
business by name; or 32
(2) Another regulatory agency of the State has issued or will 33
issue a license required for this activity; or 34
(b) Provides to the county license board the business 35
identification number of the applicant assigned by the Secretary of 36
State pursuant to NRS 225.082 which the county may use to 37
validate that the applicant is currently in good standing with the 38
State and has complied with the provisions of paragraph (a). 39
7. Any license tax levied for the purposes of NRS 244.3358 or 40
244A.597 to 244A.655, inclusive, constitutes a lien upon the real 41
and personal property of the business upon which the tax was levied 42
until the tax is paid. The lien has the same priority as a lien for 43
general taxes. The lien must be enforced: 44
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(a) By recording in the office of the county recorder, within 6 1
months after the date on which the tax became delinquent or was 2
otherwise determined to be due and owing, a notice of the tax lien 3
containing the following: 4
(1) The amount of tax due and the appropriate year; 5
(2) The name of the record owner of the property; 6
(3) A description of the property sufficient for identification; 7
and 8
(4) A verification by the oath of any member of the board of 9
county commissioners or the county fair and recreation board; and 10
(b) By an action for foreclosure against the property in the same 11
manner as an action for foreclosure of any other lien, commenced 12
within 2 years after the date of recording of the notice of the tax 13
lien, and accompanied by appropriate notice to other lienholders. 14
8. The board of county commissioners may delegate the 15
authority to enforce liens from taxes levied for the purposes of NRS 16
244A.597 to 244A.655, inclusive, to the county fair and recreation 17
board. If the authority is so delegated, the board of county 18
commissioners shall revoke or suspend the license of a business 19
upon certification by the county fair and recreation board that the 20
license tax has become delinquent, and shall not reinstate the license 21
until the tax is paid. Except as otherwise provided in NRS 239.0115 22
and 244.3357, all information concerning license taxes levied by an 23
ordinance authorized by this section or other information concerning 24
the business affairs or operation of any licensee obtained as a result 25
of the payment of such license taxes or as the result of any audit or 26
examination of the books by any authorized employee of a county 27
fair and recreation board of the county for any license tax levied for 28
the purpose of NRS 244A.597 to 244A.655, inclusive, is 29
confidential and must not be disclosed by any member, officer or 30
employee of the county fair and recreation board or the county 31
imposing the license tax unless the disclosure is authorized by the 32
affirmative action of a majority of the members of the appropriate 33
county fair and recreation board. Continuing disclosure may be so 34
authorized under an agreement with the Department of Taxation or 35
Secretary of State for the exchange of information concerning 36
taxpayers. 37
9. Except as otherwise provided by regulations adopted by the 38
Cannabis Compliance Board pursuant to NRS 678B.645, a board of 39
county commissioners shall not license or otherwise allow a person 40
to operate a business that allows cannabis, as defined in NRS 41
678A.085, or cannabis products, as defined in NRS 678A.120, to be 42
consumed on the premises of the business, other than a cannabis 43
consumption lounge, as defined in NRS 678A.087, in accordance 44
with the provisions of chapter 678B of NRS. 45
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Sec. 12. Chapter 225 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 13 and 14 of this act. 2
Sec. 13. 1. The Task Force on Safe Sidewalk Vending is 3
hereby created within the Office of the Secretary of State. 4
2. The Task Force consists of the following nine members 5
appointed by the Secretary of State: 6
(a) A representative of a health district in this State; 7
(b) A representative employed by a county or city whose 8
primary duties are the performance of tasks related to business 9
licensing; 10
(c) A representative of the gaming or restaurant industries in 11
this State; 12
(d) A representative from a law enforcement agency; 13
(e) A representative from the Office of the Secretary of State; 14
and 15
(f) Four members at large chosen by the Secretary of State, 16
with priority given to persons who are sidewalk vendors or are 17
affiliated with a community organization that represents and 18
affiliates with sidewalk vendors. 19
3. The members of the Task Force: 20
(a) Shall serve terms of 3 years. A member may be reappointed 21
to the Task Force and any vacancy must be filled in the same 22
manner as the original appointment. 23
(b) Serve without compensation. 24
4. A majority of the members of the Task Force constitutes a 25
quorum for the transaction of business, and a majority of these 26
members present at the meeting is sufficient for any official action 27
taken by the Task Force. 28
5. To support the activities of the Task Force, the Secretary of 29
State may establish an advisory board composed of representatives 30
of counties, cities and businesses, including, without limitation, a 31
member of a health department or health district. 32
Sec. 14. 1. The Task Force on Safe Sidewalk Vending 33
created by section 13 of this act shall: 34
(a) Review the existing laws of this State, the cities and 35
counties in this State and those of other states and municipalities 36
relating to sidewalk vending; and 37
(b) Recommend approaches to improve the laws of this State 38
and the cities and counties of this State to: 39
(1) Legalize sidewalk vending; 40
(2) Simplify and standardize the laws governing sidewalk 41
vending; 42
(3) Remove unnecessary barriers to sidewalk vending; 43
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(4) Protect the public health, safety and welfare by 1
ensuring sidewalk vendors follow clear and narrowly tailored laws 2
which address demonstrable health, safety and welfare risks; and 3
(5) Develop enforcement mechanisms, including, without 4
limitation, civil penalties for sidewalk vendors that operate in 5
prohibited areas. 6
2. On or before September 1 of each even-numbered year, the 7
Task Force shall submit to the Director of the Legislative Counsel 8
Bureau for submission to the Legislative Commission a written 9
report. The report must include, without limitation, a summary of 10
the work of the Task Force and any recommendations for 11
legislation. 12
Sec. 15. Chapter 268 of NRS is hereby amended by adding 13
thereto the provisions set forth as sections 16 to 24.5, inclusive, of 14
this act. 15
Sec. 16. The provisions of sections 16 to 24.5, inclusive, of 16
this act apply only to a city in a county whose population is 17
100,000 or more. 18
Sec. 17. As used in sections 16 to 24.5, inclusive, of this act, 19
unless the context otherwise requires, the words and terms defined 20
in sections 18, 19 and 20 of this act have the meanings ascribed to 21
them in those sections. 22
Sec. 18. “Roaming sidewalk vendor” means a sidewalk 23
vendor who moves from place to place and stops only to sell food. 24
Sec. 19. “Sidewalk vendor” means a person who sells food 25
upon a public sidewalk or other pedestrian path from a 26
nonmotorized conveyance, including, without limitation, a 27
pushcart, stand, display, pedal-driven cart, wagon, showcase or 28
rack. This term includes, without limitation, a roaming sidewalk 29
vendor and a stationary sidewalk vendor. 30
Sec. 20. “Stationary sidewalk vendor” means a sidewalk 31
vendor who sells food from a fixed location. 32
Sec. 21. 1. A city council or other governing body of an 33
incorporated city may adopt an ordinance regulating sidewalk 34
vendors in accordance with the requirements of sections 16 to 35
24.5, inclusive, of this act. 36
2. Except as otherwise provided in sections 16 to 24.5, 37
inclusive, of this act, a city council or other governing body of an 38
incorporated city shall not: 39
(a) Enact or enforce a complete prohibition on sidewalk 40
vendors. 41
(b) Impose a criminal penalty on the act of sidewalk vending 42
in a residential area. 43
3. A city council or other governing body of an incorporated 44
city that does not adopt an ordinance that complies or 45
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substantially complies with sections 16 to 24.5, inclusive, of this 1
act, shall not cite, fine or prosecute a sidewalk vendor for a 2
violation of any rule or regulation that is inconsistent with the 3
provisions of sections 16 to 24.5, inclusive, of this act. 4
Sec. 21.5. 1. A person shall not sell food upon a public 5
sidewalk or pedestrian path from a nonmotorized conveyance, 6
including, without limitation, a pushcart, stand, display, pedal-7
driven cart, wagon, showcase or rack, within 1,500 feet of: 8
(a) A resort hotel, as defined in NRS 463.01865; 9
(b) An event facility that has seating capacity for at least 10
20,000 people and is constructed to accommodate a major or 11
minor league sports team; 12
(c) A convention facility operated by a county fair and 13
recreation board; or 14
(d) A state historical marker. 15
2. For any violation of subsection 1, a city council or other 16
governing body of an incorporated city may impose a criminal, 17
civil or administrative penalty in accordance with an ordinance 18
adopted by the city council or other governing body of an 19
incorporated city pursuant to section 21 of this act. 20
Sec. 22. An ordinance adopted by a city council or other 21
governing body of an incorporated city regulating sidewalk 22
vendors pursuant to section 21 of this act may require that a 23
sidewalk vendor: 24
1. Hold: 25
(a) A permit or license for sidewalk vending; 26
(b) A state business license; and 27
(c) Any other licenses issued by a state or local governmental 28
agency to the extent otherwise required by law. 29
Nothing in this section shall be construed to authorize a 30
sidewalk vendor to not comply with any requirement to obtain a 31
state business license or other license issued by a state agency or 32
any permit or license issued by a local government, agency or 33
board of health to the extent otherwise required by law. 34
2. Submit information to the designated representative of the 35
city relating to his or her operations, including, with limitation: 36
(a) The name and current mailing address of the sidewalk 37
vendor; 38
(b) If the sidewalk vendor is an agent of an individual, 39
company, partnership or corporation, the name and business 40
address of the principal office; 41
(c) A description of the food offered for sale; and 42
(d) A certification by the sidewalk vendor that, to the best of 43
his or her knowledge and belief, the information submitted 44
pursuant to this section is true. 45
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Sec. 23. 1. In addition to the provisions of section 22 of this 1
act, an ordinance adopted by a city council or other governing 2
body of an incorporated city that regulates sidewalk vendors may: 3
(a) Adopt requirements regulating the time, place and manner 4
of sidewalk vending if the requirements are objectively and 5
directly related to the health, safety or welfare concerns of the 6
public, which may include, without limitation: 7
(1) Restrictions on the hours of operation of a sidewalk 8
vendor, which may not be more restrictive than any restriction 9
imposed by any applicable ordinance regulating noise or any 10
restriction on the hours of operation imposed on home-based 11
businesses or other businesses that are similar to sidewalk 12
vending; and 13
(2) Requirements to: 14
(I) Maintain sanitary conditions and comply with the 15
regulations adopted by a local board of health pursuant to section 16
25 of this act. 17
(II) Ensure compliance with the Americans with 18
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 19
(b) Restrict or prohibit sidewalk vendors from operating: 20
(1) In areas located within the immediate vicinity of a 21
farmers’ market licensed pursuant to NRS 268.092 during the 22
operating hours of the farmers’ market. 23
(2) Within the immediate vicinity of an area designated for 24
a temporary special event by the city council or other governing 25
body of an incorporated city, provided that any notice or other 26
right provided to affected businesses or property owners during 27
the temporary special event is also provided to any sidewalk 28
vendors permitted to operate in the area, if applicable. A 29
prohibition of sidewalk vendors pursuant to this subparagraph 30
must only be effective for the limited duration of the temporary 31
special event. 32
(3) Within a set distance established by the city council or 33
other governing body of an incorporated city of: 34
(I) Except as otherwise provided in section 21.5 of this 35
act, an establishment that holds a nonrestricted gaming license 36
described in subsection 1 or 2 of NRS 463.0177; 37
(II) A food establishment; 38
(III) A school, child care facility, community center, 39
polling place, religious institution or place of worship or a park or 40
recreational facility owned by the city; or 41
(IV) A highly trafficked pedestrian mall, convention 42
center or designated entertainment district. 43
(4) In residential areas, but must not prohibit roaming 44
sidewalk vendors in such areas. 45
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2. As used in this section: 1
(a) “Entertainment district” means a contiguous area located 2
within a city that: 3
(1) Is zoned for or customarily used for commercial 4
purposes; and 5
(2) Contains any number and combination of restaurants, 6
bars, entertainment establishments, music venues, theaters, art 7
galleries or studios, dance studios or athletic stadiums. 8
(b) “Pedestrian mall” has the meaning ascribed to it in 9
NRS 268.811. 10
Sec. 24. 1. In accordance with an ordinance adopted 11
pursuant to sections 16 to 24.5, inclusive, of this act, a city council 12
or other governing body of an incorporated city may: 13
(a) Suspend or revoke any permit or license for sidewalk 14
vending for any violation of the ordinance or the terms or 15
conditions of the permit or license in the same manner as such 16
suspensions or revocations are imposed for other types of 17
businesses; 18
(b) Impose a civil penalty on the holder of a permit or license 19
for sidewalk vending that engages in sidewalk vending in a 20
residential area or for any violation of the terms or conditions of 21
the permit or license in accordance with the schedule of civil 22
penalties set forth in the ordinance, if any; 23
(c) Impose a civil penalty on a person who engages in sidewalk 24
vending without holding a permit or license for sidewalk vending 25
required by the ordinance in accordance with the schedule of civil 26
penalties set forth in the ordinance, if any; and 27
(d) Authorize any other action to prevent the sale or 28
consumption of any food or drink that violates any requirements 29
established by a local board of health pursuant to section 25 of 30
this act. 31
2. For any person who engages in sidewalk vending without 32
holding a permit or license for sidewalk vending or who engages 33
in sidewalk vending in a prohibited area, a city council or other 34
governing body of an incorporated city may also take any other 35
action authorized under existing law to enforce any prohibition on 36
unlicensed business activities, including, without limitation, any 37
action authorized pursuant to section 21.5 of this act. 38
Sec. 24.5. The provisions of sections 16 to 24.5, inclusive, of 39
this act, shall not be construed to: 40
1. Exempt a person from complying with any state or local 41
law or regulation; or 42
2. Provide a defense to any criminal charge unrelated to the 43
act of sidewalk vending. 44
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Sec. 25. Chapter 446 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A local board of health in a county whose population is 3
100,000 or more or a city in a county whose population is 100,000 4
or more shall adopt regulations pursuant to NRS 446.940 5
regulating sidewalk vendors of food which must, without 6
limitation: 7
(a) Establish a process for a person to apply to the local board 8
of health for a permit, license or other authorization to operate as 9
a sidewalk vendor; 10
(b) Provide for a person applying for a permit, license or other 11
authorization for sidewalk vending to pay any fees required by the 12
local board of health using a payment plan; and 13
(c) Establish procedures for a person seeking to operate as a 14
sidewalk vendor who does not have a drivers’ license or 15
identification card issued by this State or another State, the 16
District of Columbia or any territory of the United States to obtain 17
any certification required by the local board of health as a food 18
handler. 19
2. As used in this section: 20
(a) “Roaming sidewalk vendor” means a sidewalk vendor who 21
moves from place to place and stops only to sell food. 22
(b) “Sidewalk vendor” means a person who sells food upon a 23
public sidewalk or other pedestrian path from a nonmotorized 24
conveyance, including, without limitation, a pushcart, stand, 25
display, pedal-driven cart, wagon, showcase or rack. This term 26
includes a roaming sidewalk vendor and a stationary sidewalk 27
vendor. 28
(c) “Stationary sidewalk vendor” means a sidewalk vendor 29
who sells food from a fixed location. 30
Sec. 26. Any ordinance, regulation or rule of a county or city 31
which conflicts with the provisions of this act is void and 32
unenforceable. 33
Sec. 26.5. Each local board of health in a county whose 34
population is 100,000 or more and local board of health of a city in a 35
county whose population is 100,000 or more shall adopt the 36
regulations required by section 25 of this act on or before January 1, 37
2024. 38
Sec. 27. (Deleted by amendment.) 39
Sec. 27.5. The amendatory provisions of this section and 40
sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act are 41
not severable. If any provision of this section or sections 2 to 11, 42
inclusive, or 16 to 26.5, inclusive, of this act, or any application 43
thereof to any person, thing or circumstance is held invalid, the 44
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other provisions of this section and sections 2 to 11, inclusive, and 1
16 to 26.5, inclusive, of this act become ineffective. 2
Sec. 28. The provisions of subsection 1 of NRS 218D.380 do 3
not apply to any provision of this act which adds or revises a 4
requirement to submit a report to the Legislature. 5
Sec. 29. 1. This section and sections 26 to 28, inclusive, of 6
this act become effective upon passage and approval. 7
2. Sections 12, 13 and 14 of this act become effective: 8
(a) Upon passage and approval for the purpose of appointing 9
members of the Task Force on Safe Sidewalk Vending and 10
performing any other preparatory administrative tasks to carry out 11
the provisions of sections 12, 13 and 14 of this act; and 12
(b) On January 1, 2024, for all other purposes. 13
3. Sections 1 to 11, inclusive, and 15 to 25, inclusive, of this 14
act become effective on January 1, 2024. 15
H