(Reprinted with amendments adopted on May 23, 2023)
SECOND 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 3 and 17 of this bill define the term “sidewalk vendor.” 10
Sections 7 and 21 of this bill: (1) authorize a governing body of a county or 11
city to adopt an ordinance regulating sidewalk vendors; and (2) require the 12
governing body of a county or city that adopts such an ordinance to post on its 13
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Internet website a map of the areas where a person may engage in the act of 14
sidewalk vending. Sections 7 and 21 also prohibit a governing body of a county or 15
city from, with certain exceptions: (1) enforcing or enacting a complete prohibition 16
on sidewalk vending; (2) imposing criminal penalties for the act of sidewalk 17
vending in a residential area; or (3) regulating sidewalk vendors, except in 18
compliance or substantial compliance with the provisions of this bill. 19
Sections 7.5 and 21.5 of this bill prohibit a person, with certain exceptions, 20
from selling food or merchandise upon a public sidewalk or pedestrian path from a 21
conveyance within 1,500 feet of: (1) a resort hotel; (2) certain event facilities; (3) 22
certain convention facilities; and (4) a median of a highway, if the median is 23
adjacent to a parking lot. Sections 7.5 and 21.5 authorize, with certain exceptions, 24
a person to sell food or merchandise within 1,500 feet of such a location if the area 25
is zoned exclusively for residential use. 26
Sections 8 and 22 of this bill authorize a governing body of a county or city to 27
require that a sidewalk vendor: (1) hold certain state and local permits or licenses; 28
and (2) submit certain information to the county or city. 29
Sections 9 and 23 of this bill provide that an ordinance adopted by a governing 30
body of a county or city may, with certain exceptions, impose additional 31
requirements regulating the time, place and manner of sidewalk vending. 32
Sections 10 and 24 of this bill authorize a governing body of a county or city 33
to impose by ordinance certain penalties and fines for a violation of the provisions 34
of the ordinance regulating sidewalk vendors or for operating without any required 35
license or permit for sidewalk vendors. 36
Sections 10.5 and 24.5 of this bill provide that the provisions of this bill 37
governing the regulation of sidewalk vendors by a governing body of a county or 38
city shall not be construed to: (1) exempt a person from complying with any state or 39
local law or regulation; (2) provide a defense to any criminal act that is not related 40
to the act of sidewalk vending; or (3) affect certain rights of a private property 41
owner to use or authorize or limit the use of a privately owned sidewalk. 42
Section 11 of this bill makes a conforming change to create an exception to the 43
authority of a board of county commissioners to regulate all character of lawful 44
trades, callings, industries, occupations, professions and business. 45
Existing law authorizes a local board of health to adopt regulations relating to 46
food establishments. (NRS 446.940) Section 25 of this bill requires a local board of 47
health to adopt regulations to establish a process for a person to apply for a permit, 48
license or other authorization from the local board of health to operate as a 49
sidewalk vendor and that allow a person applying for any such authorization to 50
operate as a sidewalk vendor to: (1) pay any fees required by the local board of 51
health using a payment plan; and (2) obtain any necessary certification as a food 52
handler if the person does not have a driver’s license or identification card. 53
Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the 54
Office of the Secretary of State and requires the Secretary of State to appoint nine 55
members to the Task Force. Section 14 of this bill requires the Task Force to 56
review existing laws governing sidewalk vending and recommend approaches to 57
improve the laws of this State and cities and counties of this State governing 58
sidewalk vending. 59
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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, “sidewalk vendor” means a 7
person who sells food upon a public sidewalk or other pedestrian 8
path from a conveyance, including, without limitation, a pushcart, 9
stand, display, pedal-driven cart, wagon, showcase or rack. The 10
term includes, without limitation, a nonstationary sidewalk vendor 11
and a stationary sidewalk vendor. 12
Sec. 4. (Deleted by amendment.) 13
Sec. 5. (Deleted by amendment.) 14
Sec. 6. (Deleted by amendment.) 15
Sec. 7. 1. A board of county commissioners may adopt an 16
ordinance regulating sidewalk vendors in accordance with the 17
requirements of sections 2 to 10.5, inclusive, of this act. 18
2. Except as otherwise provided in sections 2 to 10.5, 19
inclusive, of this act, a board of county commissioners shall not: 20
(a) Enact or enforce a complete prohibition on sidewalk 21
vendors. 22
(b) Impose a criminal penalty on the act of sidewalk vending 23
in a residential area. 24
3. A board of county commissioners that does not adopt an 25
ordinance that complies or substantially complies with sections 2 26
to 10.5, inclusive, of this act, shall not cite, fine or prosecute a 27
sidewalk vendor for a violation of any rule or regulation that is 28
inconsistent with the provisions of sections 2 to 10.5, inclusive, of 29
this act. 30
4. If a board of county commissioners adopts an ordinance 31
pursuant to this section, the board of county commissioners shall 32
post on its Internet website a map of the zones where a person may 33
engage in the act of sidewalk vending. 34
Sec. 7.5. 1. Except as otherwise provided in subsection 4, a 35
person shall not sell food or merchandise upon a public sidewalk 36
or pedestrian path from a conveyance, including, without 37
limitation, a pushcart, stand, display, pedal-driven cart, wagon, 38
showcase or rack, within 1,500 feet of: 39
(a) A resort hotel, as defined in NRS 463.01865; 40
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(b) An event facility that has seating capacity for at least 1
20,000 people and is constructed to accommodate a major or 2
minor league sports team; 3
(c) A convention facility operated by a county fair and 4
recreation board; or 5
(d) A median of a highway, if the median is adjacent to a 6
parking lot. 7
2. For any violation of subsection 1, a board of county 8
commissioners may impose a criminal, civil or administrative 9
penalty in accordance with an ordinance adopted by the board of 10
county commissioners pursuant to section 7 of this act. The 11
maximum criminal penalty that may be specified in an ordinance 12
adopted pursuant to section 7 of this act is a misdemeanor. A 13
violation of subsection 1 or such an ordinance does not constitute 14
a crime of moral turpitude. 15
3. Nothing in this section authorizes a person to sell 16
merchandise 1,500 feet or more from: 17
(a) A resort hotel, as defined in NRS 463.01865; 18
(b) An event facility that has seating capacity for at least 19
20,000 people and is constructed to accommodate a major or 20
minor league sports team; 21
(c) A convention facility operated by a county fair and 22
recreation board; or 23
(d) A median of a highway that is adjacent to a parking lot. 24
4. A person may sell food or merchandise within 1,500 feet of 25
a location described in subsection 1 if the conveyance from which 26
the person is selling food or merchandise is located in an area 27
which is zoned exclusively for residential use, unless the area is on 28
a public sidewalk or pedestrian path that is immediately adjacent 29
to a location described in subsection 1. 30
Sec. 8. An ordinance adopted by a board of county 31
commissioners regulating sidewalk vendors pursuant to section 7 32
of this act may require that a sidewalk vendor: 33
1. Hold: 34
(a) A permit or license for sidewalk vending; 35
(b) A state business license; and 36
(c) Any other licenses issued by a state or local governmental 37
agency to the extent otherwise required by law. 38
Nothing in this section shall be construed to authorize a 39
sidewalk vendor to not comply with any requirement to obtain a 40
state business license or other license issued by a state agency or 41
any permit or license issued by a local government, agency or 42
board of health to the extent otherwise required by law. 43
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2. Submit information to the designated representative of the 1
county relating to his or her operations, including, without 2
limitation: 3
(a) The name and current mailing address of the sidewalk 4
vendor; 5
(b) If the sidewalk vendor is an agent of an individual, 6
company, partnership or corporation, the name and business 7
address of the principal office; 8
(c) A description of the food offered for sale; and 9
(d) A certification by the sidewalk vendor that, to the best of 10
his or her knowledge and belief, the information submitted 11
pursuant to this section is true. 12
Sec. 9. 1. In addition to the provisions of section 8 of this 13
act, an ordinance adopted by a board of county commissioners 14
that 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 the hours of operation of a sidewalk 20
vendor, which may not be more restrictive than any restriction 21
imposed by any applicable ordinance regulating noise or any 22
restriction on the hours of operation imposed on home-based 23
businesses that are similar to sidewalk vending; and 24
(2) Requirements to: 25
(I) Maintain sanitary conditions and comply with the 26
regulations adopted by a local board of health pursuant to section 27
25 of this act. 28
(II) Ensure compliance with the Americans with 29
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 30
(b) Restrict or prohibit sidewalk vendors from operating: 31
(1) In areas located within the immediate vicinity of a 32
farmers’ market licensed pursuant to NRS 244.337 during the 33
operating hours of the farmers’ market. 34
(2) Within the immediate vicinity of an area designated for 35
a temporary special event by the board of county commissioners, 36
provided that any notice or other right provided to affected 37
businesses or property owners during the temporary special event 38
is also provided to any sidewalk vendors permitted to operate in 39
the area, if applicable. A prohibition of sidewalk vendors pursuant 40
to this subparagraph must only be effective for the limited 41
duration of the temporary special event. 42
(3) Within a set distance established by the board of county 43
commissioners of: 44
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(I) Except as otherwise provided in section 7.5 of this 1
act, an establishment that holds a nonrestricted gaming license 2
described in subsection 1 or 2 of NRS 463.0177; 3
(II) A food establishment; 4
(III) A school, child care facility, community center, 5
polling place, religious institution or place of worship or park or 6
recreational facility owned by the county; or 7
(IV) A highly trafficked pedestrian mall, convention 8
center or designated entertainment district. 9
(4) In residential areas, but must not prohibit nonstationary 10
sidewalk vendors from operating in such areas. 11
2. As used in this section: 12
(a) “Entertainment district” means a contiguous area located 13
within a county that: 14
(1) Is zoned for or customarily used for commercial 15
purposes; and 16
(2) Contains any number and combination of restaurants, 17
bars, entertainment establishments, music venues, theaters, art 18
galleries or studios, dance studios or athletic stadiums. 19
(b) “Pedestrian mall” has the meaning ascribed to it in 20
NRS 268.811. 21
Sec. 10. 1. In accordance with an ordinance adopted 22
pursuant to sections 2 to 10.5, inclusive, of this act, a board of 23
county commissioners or its designee may: 24
(a) Suspend or revoke any permit or license for sidewalk 25
vending for any violation of the ordinance or the terms or 26
conditions of the permit or license in the same manner as such 27
suspensions or revocations are imposed for other types of 28
businesses; 29
(b) Impose a civil penalty on the holder of a permit or license 30
for sidewalk vending that engages in sidewalk vending in a 31
prohibited residential area or for any violation of the terms or 32
conditions of the permit or license in accordance with the schedule 33
of civil penalties set forth in the ordinance, if any; 34
(c) Impose a civil penalty on a person who engages in sidewalk 35
vending without holding a permit or license for sidewalk vending 36
required by the ordinance in accordance with the schedule of civil 37
penalties set forth in the ordinance, if any; and 38
(d) Authorize any other action to prevent the sale or 39
consumption of any food or drink that violates any requirements 40
established by a local board of health pursuant to section 25 of 41
this act. 42
2. For any person who engages in sidewalk vending without 43
holding a permit or license for sidewalk vending or who engages 44
in sidewalk vending in a prohibited area, a board of county 45
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commissioners or its designee may also take any other action 1
authorized under existing law to enforce any prohibition on 2
unlicensed business activities, including, without limitation, any 3
action authorized pursuant to section 7.5 of this act. 4
Sec. 10.5. The provisions of sections 2 to 10.5, inclusive, of 5
this act shall not be construed to: 6
1. Exempt a person from complying with any state or local 7
law or regulation; 8
2. Provide a defense to any criminal charge unrelated to the 9
act of sidewalk vending; or 10
3. Affect the rights of a private property owner to use or 11
authorize or limit the use of a sidewalk that is owned by the private 12
property owner, including, without limitation, a privately owned 13
sidewalk that is subject to an easement for public access. 14
Sec. 11. NRS 244.335 is hereby amended to read as follows: 15
244.335 1. Except as otherwise provided in subsections 2, 3, 16
4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 17
to 244.35359, inclusive, a board of county commissioners may: 18
(a) Except as otherwise provided in NRS 244.331 to 244.3345, 19
inclusive, 598D.150 and 640C.100, and sections 2 to 10.5, 20
inclusive, of this act, regulate all character of lawful trades, callings, 21
industries, occupations, professions and business conducted in its 22
county outside of the limits of incorporated cities and towns. 23
(b) Except as otherwise provided in NRS 244.3359 and 576.128, 24
fix, impose and collect a license tax for revenue or for regulation, or 25
for both revenue and regulation, on such trades, callings, industries, 26
occupations, professions and business. 27
2. The county license boards have the exclusive power in their 28
respective counties to regulate entertainers employed by an 29
entertainment by referral service and the business of conducting a 30
dancing hall, escort service, entertainment by referral service or 31
gambling game or device permitted by law, outside of an 32
incorporated city. The county license boards may fix, impose and 33
collect license taxes for revenue or for regulation, or for both 34
revenue and regulation, on such employment and businesses. 35
3. A board of county commissioners shall not require that a 36
person who is licensed as a contractor pursuant to chapter 624 of 37
NRS obtain more than one license to engage in the business of 38
contracting or pay more than one license tax related to engaging in 39
the business of contracting, regardless of the number of 40
classifications or subclassifications of licensing for which the person 41
is licensed pursuant to chapter 624 of NRS. 42
4. The board of county commissioners or county license board 43
shall not require a person to obtain a license or pay a license tax on 44
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the sole basis that the person is a professional. As used in this 1
subsection, “professional” means a person who: 2
(a) Holds a license, certificate, registration, permit or similar 3
type of authorization issued by a regulatory body as defined in NRS 4
622.060 or who is regulated pursuant to the Nevada Supreme Court 5
Rules; and 6
(b) Practices his or her profession for any type of compensation 7
as an employee. 8
5. The county license board shall provide upon request an 9
application for a state business license pursuant to chapter 76 of 10
NRS. No license to engage in any type of business may be granted 11
unless the applicant for the license: 12
(a) Signs an affidavit affirming that the business has complied 13
with the provisions of chapter 76 of NRS; or 14
(b) Provides to the county license board the business 15
identification number of the applicant assigned by the Secretary of 16
State pursuant to NRS 225.082 which the county may use to 17
validate that the applicant is currently in good standing with the 18
State and has complied with the provisions of chapter 76 of NRS. 19
6. No license to engage in business as a seller of tangible 20
personal property may be granted unless the applicant for the 21
license: 22
(a) Presents written evidence that: 23
(1) The Department of Taxation has issued or will issue a 24
permit for this activity, and this evidence clearly identifies the 25
business by name; or 26
(2) Another regulatory agency of the State has issued or will 27
issue a license required for this activity; or 28
(b) Provides to the county license board the business 29
identification number of the applicant assigned by the Secretary of 30
State pursuant to NRS 225.082 which the county may use to 31
validate that the applicant is currently in good standing with the 32
State and has complied with the provisions of paragraph (a). 33
7. Any license tax levied for the purposes of NRS 244.3358 or 34
244A.597 to 244A.655, inclusive, constitutes a lien upon the real 35
and personal property of the business upon which the tax was levied 36
until the tax is paid. The lien has the same priority as a lien for 37
general taxes. The lien must be enforced: 38
(a) By recording in the office of the county recorder, within 6 39
months after the date on which the tax became delinquent or was 40
otherwise determined to be due and owing, a notice of the tax lien 41
containing the following: 42
(1) The amount of tax due and the appropriate year; 43
(2) The name of the record owner of the property; 44
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(3) A description of the property sufficient for identification; 1
and 2
(4) A verification by the oath of any member of the board of 3
county commissioners or the county fair and recreation board; and 4
(b) By an action for foreclosure against the property in the same 5
manner as an action for foreclosure of any other lien, commenced 6
within 2 years after the date of recording of the notice of the tax 7
lien, and accompanied by appropriate notice to other lienholders. 8
8. The board of county commissioners may delegate the 9
authority to enforce liens from taxes levied for the purposes of NRS 10
244A.597 to 244A.655, inclusive, to the county fair and recreation 11
board. If the authority is so delegated, the board of county 12
commissioners shall revoke or suspend the license of a business 13
upon certification by the county fair and recreation board that the 14
license tax has become delinquent, and shall not reinstate the license 15
until the tax is paid. Except as otherwise provided in NRS 239.0115 16
and 244.3357, all information concerning license taxes levied by an 17
ordinance authorized by this section or other information concerning 18
the business affairs or operation of any licensee obtained as a result 19
of the payment of such license taxes or as the result of any audit or 20
examination of the books by any authorized employee of a county 21
fair and recreation board of the county for any license tax levied for 22
the purpose of NRS 244A.597 to 244A.655, inclusive, is 23
confidential and must not be disclosed by any member, officer or 24
employee of the county fair and recreation board or the county 25
imposing the license tax unless the disclosure is authorized by the 26
affirmative action of a majority of the members of the appropriate 27
county fair and recreation board. Continuing disclosure may be so 28
authorized under an agreement with the Department of Taxation or 29
Secretary of State for the exchange of information concerning 30
taxpayers. 31
9. Except as otherwise provided by regulations adopted by the 32
Cannabis Compliance Board pursuant to NRS 678B.645, a board of 33
county commissioners shall not license or otherwise allow a person 34
to operate a business that allows cannabis, as defined in NRS 35
678A.085, or cannabis products, as defined in NRS 678A.120, to be 36
consumed on the premises of the business, other than a cannabis 37
consumption lounge, as defined in NRS 678A.087, in accordance 38
with the provisions of chapter 678B of NRS. 39
Sec. 12. Chapter 225 of NRS is hereby amended by adding 40
thereto the provisions set forth as sections 13 and 14 of this act. 41
Sec. 13. 1. The Task Force on Safe Sidewalk Vending is 42
hereby created within the Office of the Secretary of State. 43
2. The Task Force consists of the following nine members 44
appointed by the Secretary of State: 45
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(a) A representative of a health district in a county whose 1
population is 100,000 or more; 2
(b) A representative employed by a county or city whose 3
primary duties are the performance of tasks related to business 4
licensing; 5
(c) A representative of the gaming or restaurant industries in 6
this State; 7
(d) A representative from a law enforcement agency in a 8
county whose population is 100,000 or more; 9
(e) A representative from the Office of the Secretary of State; 10
and 11
(f) Four members at large chosen by the Secretary of State, 12
with priority given to persons who are sidewalk vendors or are 13
affiliated with a community organization that represents and 14
affiliates with sidewalk vendors. 15
3. The members of the Task Force: 16
(a) Shall serve terms of 3 years. A member may be reappointed 17
to the Task Force and any vacancy must be filled in the same 18
manner as the original appointment. 19
(b) Serve without compensation. 20
4. A majority of the members of the Task Force constitutes a 21
quorum for the transaction of business, and a majority of these 22
members present at the meeting is sufficient for any official action 23
taken by the Task Force. 24
5. To support the activities of the Task Force, the Secretary of 25
State may establish an advisory board composed of representatives 26
of counties, cities and businesses, including, without limitation, a 27
member of a health department or health district. 28
6. The Task Force may apply for and accept any gift, 29
donation, bequest, grant or other source of money to carry out the 30
duties of the Task Force. 31
Sec. 14. 1. The Task Force on Safe Sidewalk Vending 32
created by section 13 of this act shall: 33
(a) Review the existing laws of this State, the cities and 34
counties in this State and those of other states and municipalities 35
relating to sidewalk vending; and 36
(b) Recommend approaches to improve the laws of this State 37
and the cities and counties of this State to: 38
(1) Legalize sidewalk vending; 39
(2) Simplify and standardize the laws governing sidewalk 40
vending; 41
(3) Remove unnecessary barriers to sidewalk vending; 42
(4) Protect the public health, safety and welfare by 43
ensuring sidewalk vendors follow clear and narrowly tailored laws 44
which address demonstrable health, safety and welfare risks; and 45
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(5) Develop enforcement mechanisms, including, without 1
limitation, civil penalties for sidewalk vendors that operate in 2
authorized areas. 3
2. On or before September 1 of each even-numbered year, the 4
Task Force shall submit to the Director of the Legislative Counsel 5
Bureau for submission to the Legislative Commission a written 6
report. The report must include, without limitation, a summary of 7
the work of the Task Force and any recommendations for 8
legislation and regulations. 9
Sec. 15. Chapter 268 of NRS is hereby amended by adding 10
thereto the provisions set forth as sections 16 to 24.5, inclusive, of 11
this act. 12
Sec. 16. The provisions of sections 16 to 24.5, inclusive, of 13
this act apply only to a city in a county whose population is 14
100,000 or more. 15
Sec. 17. As used in sections 16 to 24.5, inclusive, of this act, 16
unless the context otherwise requires, “sidewalk vendor” means a 17
person who sells food upon a public sidewalk or other pedestrian 18
path from a conveyance, including, without limitation, a pushcart, 19
stand, display, pedal-driven cart, wagon, showcase or rack. The 20
term includes, without limitation, a nonstationary sidewalk vendor 21
and a stationary sidewalk vendor. 22
Sec. 18. (Deleted by amendment.) 23
Sec. 19. (Deleted by amendment.) 24
Sec. 20. (Deleted by amendment.) 25
Sec. 21. 1. A city council or other governing body of an 26
incorporated city may adopt an ordinance regulating sidewalk 27
vendors in accordance with the requirements of sections 16 to 28
24.5, inclusive, of this act. 29
2. Except as otherwise provided in sections 16 to 24.5, 30
inclusive, of this act, a city council or other governing body of an 31
incorporated city shall not: 32
(a) Enact or enforce a complete prohibition on sidewalk 33
vendors. 34
(b) Impose a criminal penalty on the act of sidewalk vending 35
in a residential area. 36
3. A city council or other governing body of an incorporated 37
city that does not adopt an ordinance that complies or 38
substantially complies with sections 16 to 24.5, inclusive, of this 39
act, shall not cite, fine or prosecute a sidewalk vendor for a 40
violation of any rule or regulation that is inconsistent with the 41
provisions of sections 16 to 24.5, inclusive, of this act. 42
4. If a city council or other governing body of an 43
incorporated city adopts an ordinance pursuant to this section, the 44
city council or other governing body shall post on its Internet 45
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website a map of the zones where a person may engage in the act 1
of sidewalk vending. 2
Sec. 21.5. 1. Except as otherwise provided in subsection 4, 3
a person shall not sell food or merchandise upon a public sidewalk 4
or pedestrian path from a conveyance, including, without 5
limitation, a pushcart, stand, display, pedal-driven cart, wagon, 6
showcase or rack, within 1,500 feet of: 7
(a) A resort hotel, as defined in NRS 463.01865; 8
(b) An event facility that has seating capacity for at least 9
20,000 people and is constructed to accommodate a major or 10
minor league sports team; 11
(c) A convention facility operated by a county fair and 12
recreation board; or 13
(d) A median of a highway, if the median is adjacent to a 14
parking lot. 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. The maximum 20
criminal penalty that may be specified in an ordinance adopted 21
pursuant to section 21 of this act is a misdemeanor. A violation of 22
subsection 1 or such an ordinance does not constitute a crime of 23
moral turpitude. 24
3. Nothing in this section authorizes a person to sell 25
merchandise 1,500 feet or more from: 26
(a) A resort hotel, as defined in NRS 463.01865; 27
(b) An event facility that has seating capacity for at least 28
20,000 people and is constructed to accommodate a major or 29
minor league sports team; 30
(c) A convention facility operated by a county fair and 31
recreation board; or 32
(d) A median of a highway that is adjacent to a parking lot. 33
4. A person may sell food or merchandise within 1,500 feet of 34
a location described in subsection 1 if the conveyance from which 35
the person is selling food or merchandise is located in an area 36
which is zoned exclusively for residential use, unless the area is on 37
a public sidewalk or pedestrian path that is immediately adjacent 38
to a location described in subsection 1. 39
Sec. 22. An ordinance adopted by a city council or other 40
governing body of an incorporated city regulating sidewalk 41
vendors pursuant to section 21 of this act may require that a 42
sidewalk vendor: 43
1. Hold: 44
(a) A permit or license for sidewalk vending; 45
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(b) A state business license; and 1
(c) Any other licenses issued by a state or local governmental 2
agency to the extent otherwise required by law. 3
Nothing in this section shall be construed to authorize a 4
sidewalk vendor to not comply with any requirement to obtain a 5
state business license or other license issued by a state agency or 6
any permit or license issued by a local government, agency or 7
board of health to the extent otherwise required by law. 8
2. Submit information to the designated representative of the 9
city relating to his or her operations, including, without limitation: 10
(a) The name and current mailing address of the sidewalk 11
vendor; 12
(b) If the sidewalk vendor is an agent of an individual, 13
company, partnership or corporation, the name and business 14
address of the principal office; 15
(c) A description of the food offered for sale; and 16
(d) A certification by the sidewalk vendor that, to the best of 17
his or her knowledge and belief, the information submitted 18
pursuant to this section is true. 19
Sec. 23. 1. In addition to the provisions of section 22 of this 20
act, an ordinance adopted by a city council or other governing 21
body of an 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 the hours of operation of a sidewalk 27
vendor, which may not be more restrictive than any restriction 28
imposed by any applicable ordinance regulating noise or any 29
restriction on the hours of operation imposed on home-based 30
businesses that are similar to sidewalk vending; and 31
(2) Requirements to: 32
(I) Maintain sanitary conditions and comply with the 33
regulations adopted by a local board of health pursuant to section 34
25 of this act. 35
(II) Ensure compliance with the Americans with 36
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 37
(b) Restrict or prohibit sidewalk vendors from operating: 38
(1) In areas located within the immediate vicinity of a 39
farmers’ market licensed pursuant to NRS 268.092 during the 40
operating hours of the farmers’ market. 41
(2) Within the immediate vicinity of an area designated for 42
a temporary special event by the city council or other governing 43
body of an incorporated city, provided that any notice or other 44
right provided to affected businesses or property owners during 45
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the temporary special event is also provided to any sidewalk 1
vendors permitted to operate in the area, if applicable. A 2
prohibition of sidewalk vendors pursuant to this subparagraph 3
must only be effective for the limited duration of the temporary 4
special event. 5
(3) Within a set distance established by the city council or 6
other governing body of an incorporated city of: 7
(I) Except as otherwise provided in section 21.5 of this 8
act, an establishment that holds a nonrestricted gaming license 9
described in subsection 1 or 2 of NRS 463.0177; 10
(II) A food establishment; 11
(III) A school, child care facility, community center, 12
polling place, religious institution or place of worship or a park or 13
recreational facility owned by the city; or 14
(IV) A highly trafficked pedestrian mall, convention 15
center or designated entertainment district. 16
(4) In residential areas, but must not prohibit nonstationary 17
sidewalk vendors from operating in such areas. 18
2. As used in this section: 19
(a) “Entertainment district” means a contiguous area located 20
within a city that: 21
(1) Is zoned for or customarily used for commercial 22
purposes; and 23
(2) Contains any number and combination of restaurants, 24
bars, entertainment establishments, music venues, theaters, art 25
galleries or studios, dance studios or athletic stadiums. 26
(b) “Pedestrian mall” has the meaning ascribed to it in 27
NRS 268.811. 28
Sec. 24. 1. In accordance with an ordinance adopted 29
pursuant to sections 16 to 24.5, inclusive, of this act, a city council 30
or other governing body of an incorporated city, or a designee of 31
the city council or other governing body, may: 32
(a) Suspend or revoke any permit or license for sidewalk 33
vending for any violation of the ordinance or the terms or 34
conditions of the permit or license in the same manner as such 35
suspensions or revocations are imposed for other types of 36
businesses; 37
(b) Impose a civil penalty on the holder of a permit or license 38
for sidewalk vending that engages in sidewalk vending in a 39
prohibited residential area or for any violation of the terms or 40
conditions of the permit or license in accordance with the schedule 41
of civil penalties set forth in the ordinance, if any; 42
(c) Impose a civil penalty on a person who engages in sidewalk 43
vending without holding a permit or license for sidewalk vending 44
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required by the ordinance in accordance with the schedule of civil 1
penalties set forth in the ordinance, if any; and 2
(d) Authorize any other action to prevent the sale or 3
consumption of any food or drink that violates any requirements 4
established by a local board of health pursuant to section 25 of 5
this act. 6
2. For any person who engages in sidewalk vending without 7
holding a permit or license for sidewalk vending or who engages 8
in sidewalk vending in a prohibited area, a city council or other 9
governing body of an incorporated city, or a designee of the city 10
council or other governing body, may also take any other action 11
authorized under existing law to enforce any prohibition on 12
unlicensed business activities, including, without limitation, any 13
action authorized pursuant to section 21.5 of this act. 14
Sec. 24.5. The provisions of sections 16 to 24.5, inclusive, of 15
this act, shall not be construed to: 16
1. Exempt a person from complying with any state or local 17
law or regulation; 18
2. Provide a defense to any criminal charge unrelated to the 19
act of sidewalk vending; or 20
3. Affect the rights of a private property owner to use or 21
authorize or limit the use of a sidewalk that is owned by the private 22
property owner, including, without limitation, a privately owned 23
sidewalk that is subject to an easement for public access. 24
Sec. 25. Chapter 446 of NRS is hereby amended by adding 25
thereto a new section to read as follows: 26
1. A local board of health in a county whose population is 27
100,000 or more or a city in a county whose population is 100,000 28
or more shall adopt regulations pursuant to NRS 446.940 29
regulating sidewalk vendors of food which must, without 30
limitation: 31
(a) Establish a process for a person to apply to the local board 32
of health for a permit, license or other authorization to operate as 33
a sidewalk vendor; 34
(b) Provide for a person applying for a permit, license or other 35
authorization for sidewalk vending to pay any fees required by the 36
local board of health using a payment plan; 37
(c) Establish procedures for a person seeking to operate as a 38
sidewalk vendor who does not have a drivers’ license or 39
identification card issued by this State or another State, the 40
District of Columbia or any territory of the United States to obtain 41
any certification required by the local board of health as a food 42
handler; and 43
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(d) Include any other regulation determined to be necessary by 1
the Task Force on Safe Sidewalk Vending pursuant to section 14 2
of this act. 3
2. As used in this section, “sidewalk vendor” means a person 4
who sells food upon a public sidewalk or other pedestrian path 5
from a conveyance, including, without limitation, a pushcart, 6
stand, display, pedal-driven cart, wagon, showcase or rack. The 7
term includes a nonstationary sidewalk vendor and a stationary 8
sidewalk vendor. 9
Sec. 26. Any ordinance, regulation or rule of a county or city 10
which conflicts with the provisions of this act is void and 11
unenforceable. 12
Sec. 26.5. Each local board of health in a county whose 13
population is 100,000 or more and local board of health of a city in a 14
county whose population is 100,000 or more shall adopt the 15
regulations required by section 25 of this act on or before 16
December 31, 2025. 17
Sec. 27. (Deleted by amendment.) 18
Sec. 27.5. The amendatory provisions of this section and 19
sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act are 20
not severable. If any provision of this section or sections 2 to 11, 21
inclusive, or 16 to 26.5, inclusive, of this act, or any application 22
thereof to any person, thing or circumstance is held invalid, the 23
other provisions of this section and sections 2 to 11, inclusive, and 24
16 to 26.5, inclusive, of this act become ineffective. 25
Sec. 28. The provisions of subsection 1 of NRS 218D.380 do 26
not apply to any provision of this act which adds or revises a 27
requirement to submit a report to the Legislature. 28
Sec. 29. 1. This section and sections 26.5 to 28, inclusive, of 29
this act become effective upon passage and approval. 30
2. Sections 12, 13 and 14 of this act become effective: 31
(a) Upon passage and approval for the purpose of appointing 32
members of the Task Force on Safe Sidewalk Vending and 33
performing any other preparatory administrative tasks that are 34
necessary to carry out the provisions of sections 12, 13 and 14 of 35
this act; and 36
(b) On January 1, 2024, for all other purposes. 37
3. Sections 7.5, 21.5 and 26 of this act become effective: 38
(a) Upon passage and approval for the purpose of performing 39
any preparatory administrative tasks that are necessary to carry out 40
the provisions of this act; and 41
(b) On October 15, 2023, for all other purposes. 42
4. Sections 1 to 7, inclusive, 8, 10, 11, 15 to 22, inclusive, 24, 43
24.5 and 25 of this act become effective on January 1, 2024. 44
5. Sections 9 and 23 of this act become effective: 45
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(a) Upon passage and approval for the purpose of performing 1
any preparatory administrative tasks that are necessary to carry out 2
the provisions of this act; and 3
(b) On July 1, 2024, for all other purposes. 4
H