NV
Nevada Senate Bill SB92

Nevada 2023 Regular Session

Nevada Senate Bill SB92 Compare Versions

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11
22
3-- 82nd Session (2023)
4-Senate Bill No. 92–Senators Donate,
5-Flores and Ohrenschall
3+ S.B. 92
4+
5+- *SB92*
6+
7+SENATE BILL NO. 92–SENATORS DONATE AND FLORES
8+
9+PREFILED JANUARY 31, 2023
10+____________
611
712 JOINT SPONSORS: ASSEMBLYWOMEN MARZOLA,
8-González and Torres
13+GONZÁLEZ AND TORRES
14+____________
915
10-CHAPTER..........
16+Referred to Committee on Government Affairs
17+
18+SUMMARY—Revises provisions relating to sidewalk vendors.
19+(BDR 20-53)
20+
21+FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
22+ Effect on the State: Yes.
23+
24+~
25+
26+EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
27+
1128
1229 AN ACT relating to sidewalk vendors; establishing certain
13-requirements for the regulation of sidewalk vendors by the
14-governing body of certain counties and cities; requiring a
15-local board of health to adopt certain regulations relating to
16-sidewalk vendors who sell food; creating the Task Force on
17-Safe Sidewalk Vending; setting forth the membership and
18-duties of the Task Force on Safe Sidewalk Vending;
19-providing penalties; and providing other matters properly
20-relating thereto.
30+requirements for the regulation of sidewalk vendors by
31+the governing body of certain counties and cities;
32+requiring a local board of health to adopt certain
33+regulations relating to sidewalk vendors who sell food;
34+creating the Task Force on Safe Sidewalk Vending;
35+setting forth the membership and duties of the Task Force
36+on Safe Sidewalk Vending; and providing other matters
37+properly relating thereto.
2138 Legislative Counsel’s Digest:
22- Existing law grants a governing body of a county or city all powers necessary
23-and proper to address matters of local concern. (NRS 244.146, 268.0035) Sections
24-1-11 and 15-24.5 of this bill set forth various requirements for the licensing and
25-regulation of sidewalk vendors of food by the governing body of certain counties
26-and cities.
27- Sections 2 and 16 of this bill provide that the provisions of sections 1-10 and
28-15-25 of this bill apply only to a county whose population is 100,000 or more
29-(currently Clark and Washoe Counties) or to a city in a county whose population is
30-100,000 or more.
31- Sections 3 and 17 of this bill define the term “sidewalk vendor.”
32- Sections 7 and 21 of this bill: (1) authorize a governing body of a county or
33-city to adopt an ordinance regulating sidewalk vendors; and (2) require the
34-governing body of a county or city that adopts such an ordinance to post on its
35-Internet website a map of the areas where a person may engage in the act of
36-sidewalk vending. Sections 7 and 21 also prohibit a governing body of a county or
37-city from, with certain exceptions: (1) enforcing or enacting a complete prohibition
38-on sidewalk vending; (2) imposing criminal penalties for the act of sidewalk
39-vending in a residential area; or (3) regulating sidewalk vendors, except in
40-compliance or substantial compliance with the provisions of this bill.
41- Sections 7.5 and 21.5 of this bill prohibit a person, with certain exceptions,
42-from selling food, beverages or merchandise upon a public sidewalk or pedestrian
43-path from a conveyance within 1,500 feet of: (1) a resort hotel; (2) certain event
44-facilities; (3) certain convention facilities; and (4) a median of a highway, if the
45-median is adjacent to a parking lot. Sections 7.5 and 21.5 authorize, with certain
46-exceptions, a person to sell food, beverages or merchandise within 1,500 feet of
47-such a location if the area is zoned exclusively for residential use.
48- Sections 8 and 22 of this bill authorize a governing body of a county or city to
49-require that a sidewalk vendor: (1) hold certain state and local permits or licenses;
50-and (2) submit certain information to the county or city.
51- Sections 9 and 23 of this bill provide that an ordinance adopted by a governing
52-body of a county or city may, with certain exceptions, impose additional
53-requirements regulating the time, place and manner of sidewalk vending.
39+ Existing law grants a governing body of a county or city all powers necessary 1
40+and proper to address matters of local concern. (NRS 244.146, 268.0035) Sections 2
41+1-11 and 15-24 of this bill set forth various requirements for the licensing and 3
42+regulation of street food and merchandise vendors by the governing body of certain 4
43+counties and cities. 5
44+ Sections 2 and 16 of this bill provide that the provisions of sections 1-10 and 6
45+15-25 of this bill apply only to a county whose population is 100,000 or more 7
46+(currently Clark and Washoe Counties) or to a city in a county whose population is 8
47+100,000 or more. 9
48+ Sections 4-6 and 18-20 of this bill define the terms “roaming sidewalk 10
49+vendor,” “sidewalk vendor” and “stationary sidewalk vendor.” 11
50+ Sections 7 and 21 of this bill prohibit a governing body of a county or city 12
51+from: (1) enforcing or enacting a complete prohibition on sidewalk vending; (2) 13
52+imposing criminal penalties for the act of sidewalk vending; or (3) regulating 14
5453 – 2 –
5554
5655
57-- 82nd Session (2023)
58- Sections 10 and 24 of this bill authorize a governing body of a county or city
59-to impose by ordinance certain penalties and fines for a violation of the provisions
60-of the ordinance regulating sidewalk vendors or for operating without any required
61-license or permit for sidewalk vendors.
62- Sections 10.5 and 24.5 of this bill provide that the provisions of this bill
63-governing the regulation of sidewalk vendors by a governing body of a county or
64-city shall not be construed to: (1) exempt a person from complying with any state or
65-local law or regulation; (2) provide a defense to any criminal act that is not related
66-to the act of sidewalk vending; or (3) affect certain rights of a private property
67-owner to use or authorize or limit the use of a privately owned sidewalk.
68- Section 11 of this bill makes a conforming change to create an exception to the
69-authority of a board of county commissioners to regulate all character of lawful
70-trades, callings, industries, occupations, professions and business.
71- Existing law authorizes a local board of health to adopt regulations relating to
72-food establishments. (NRS 446.940) Section 25 of this bill requires a local board of
73-health to adopt regulations to establish a process for a person to apply for a permit,
74-license or other authorization from the local board of health to operate as a
75-sidewalk vendor and that allow a person applying for any such authorization to
76-operate as a sidewalk vendor to: (1) pay any fees required by the local board of
77-health using a payment plan; and (2) obtain any necessary certification as a food
78-handler if the person does not have a driver’s license or identification card.
79- Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the
80-Office of the Secretary of State and requires the Secretary of State to appoint nine
81-members to the Task Force. Section 14 of this bill requires the Task Force to
82-review existing laws governing sidewalk vending and recommend approaches to
83-improve the laws of this State and cities and counties of this State governing
84-sidewalk vending.
85-
86-EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
56+- *SB92*
57+sidewalk vendors, except in compliance or substantial compliance with the 15
58+provisions of this bill. 16
59+ Sections 8 and 22 of this bill authorize a governing body of a county or city to 17
60+require that a sidewalk vendor: (1) hold certain state and local permits or licenses; 18
61+and (2) submit certain information to the county or city. 19
62+ Sections 9 and 23 of this bill provide that an ordinance adopted by a governing 20
63+body of a county or city: (1) may not impose certain restrictions on sidewalk 21
64+vending, including restricting a sidewalk vendor to certain parts of the public right-22
65+of-way or requiring a sidewalk vendor to operate only in certain designated areas or 23
66+neighborhoods; and (2) may, with certain exceptions, impose additional 24
67+requirements regulating the time, place and manner of sidewalk vending. 25
68+ Sections 10 and 24 of this bill authorize a governing body of a county or city 26
69+to impose by ordinance certain administrative fines for a violation of the provisions 27
70+of the ordinance regulating sidewalk vendors. 28
71+ Section 11 makes a conforming change to create an exception to the authority 29
72+of a board of county commissioners to regulate all character of lawful trades, 30
73+callings, industries, occupations, professions and business. 31
74+ Existing law authorizes a local board of health to adopt regulations relating to 32
75+food establishments. (NRS 446.940) Section 25 requires a local board of health to 33
76+adopt regulations that allow a person applying for a permit to operate as a sidewalk 34
77+vendor to: (1) pay any fees required by the local board of health using a payment 35
78+plan; and (2) obtain any necessary certification as a food handler if the person does 36
79+not have a driver’s license or identification card. 37
80+ Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the 38
81+Office of the Secretary of State and requires the Secretary of State to appoint nine 39
82+members to the Task Force. Section 14 of this bill requires the Task Force to 40
83+review existing laws governing sidewalk vending and recommend approaches to 41
84+improve the laws of this State and cities and counties of this State governing 42
85+sidewalk vending. 43
8786
8887
8988 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
9089 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
9190
92- Section 1. Chapter 244 of NRS is hereby amended by adding
93-thereto the provisions set forth as sections 2 to 10.5, inclusive, of
94-this act.
95- Sec. 2. The provisions of sections 2 to 10.5, inclusive, of this
96-act apply only to a county whose population is 100,000 or more.
97- Sec. 3. As used in sections 2 to 10.5, inclusive, of this act,
98-unless the context otherwise requires, “sidewalk vendor” means a
99-person who sells food upon a public sidewalk or other pedestrian
100-path from a conveyance, including, without limitation, a pushcart,
101-stand, display, pedal-driven cart, wagon, showcase or rack. The
102-term includes, without limitation, a nonstationary sidewalk vendor
103-and a stationary sidewalk vendor.
104- Secs. 4-6. (Deleted by amendment.)
91+ Section 1. Chapter 244 of NRS is hereby amended by adding 1
92+thereto the provisions set forth as sections 2 to 10, inclusive, of this 2
93+act. 3
94+ Sec. 2. The provisions of sections 2 to 10, inclusive, of this 4
95+act apply only to a county whose population is 100,000 or more. 5
96+ Sec. 3. As used in sections 2 to 10, inclusive, of this act, 6
97+unless the context otherwise requires, the words and terms defined 7
98+in sections 4, 5 and 6 of this act have the meanings ascribed to 8
99+them in those sections. 9
100+ Sec. 4. “Roaming sidewalk vendor” means a sidewalk vendor 10
101+who moves from place to place and stops only to sell food or 11
102+merchandise. 12
103+ Sec. 5. “Sidewalk vendor” means a person who sells food or 13
104+merchandise upon a public sidewalk or other pedestrian path from 14
105+a nonmotorized conveyance, including, without limitation, a 15
106+pushcart, stand, display, pedal-driven cart, wagon, showcase or 16
105107 – 3 –
106108
107109
108-- 82nd Session (2023)
109- Sec. 7. 1. A board of county commissioners may adopt an
110-ordinance regulating sidewalk vendors in accordance with the
111-requirements of sections 2 to 10.5, inclusive, of this act.
112- 2. Except as otherwise provided in sections 2 to 10.5,
113-inclusive, of this act, a board of county commissioners shall not:
114- (a) Enact or enforce a complete prohibition on sidewalk
115-vendors.
116- (b) Impose a criminal penalty on the act of sidewalk vending
117-in a residential area.
118- 3. A board of county commissioners that does not adopt an
119-ordinance that complies or substantially complies with sections 2
120-to 10.5, inclusive, of this act, shall not cite, fine or prosecute a
121-sidewalk vendor for a violation of any rule or regulation that is
122-inconsistent with the provisions of sections 2 to 10.5, inclusive, of
123-this act.
124- 4. If a board of county commissioners adopts an ordinance
125-pursuant to this section, the board of county commissioners shall
126-post on its Internet website a map of the zones where a person may
127-engage in the act of sidewalk vending.
128- Sec. 7.5. 1. Except as otherwise provided in subsection 4, a
129-person shall not sell food, beverages or merchandise upon a public
130-sidewalk or pedestrian path from a conveyance, including, without
131-limitation, a pushcart, stand, display, pedal-driven cart, wagon,
132-showcase or rack, within 1,500 feet of:
133- (a) A resort hotel, as defined in NRS 463.01865;
134- (b) An event facility that has seating capacity for at least
135-20,000 people and is constructed to accommodate a major or
136-minor league sports team;
137- (c) A convention facility operated by a county fair and
138-recreation board; or
139- (d) A median of a highway, if the median is adjacent to a
140-parking lot.
141- 2. For any violation of subsection 1, a board of county
142-commissioners may impose a criminal, civil or administrative
143-penalty in accordance with an ordinance adopted by the board of
144-county commissioners pursuant to section 7 of this act. The
145-maximum criminal penalty that may be specified in an ordinance
146-adopted pursuant to section 7 of this act is a misdemeanor. A
147-violation of subsection 1 or such an ordinance does not constitute
148-a crime of moral turpitude.
149- 3. Nothing in this section authorizes a person to sell
150-merchandise 1,500 feet or more from:
151- (a) A resort hotel, as defined in NRS 463.01865;
110+- *SB92*
111+rack. This term includes, without limitation, a roaming sidewalk 1
112+vendor and a stationary sidewalk vendor. 2
113+ Sec. 6. “Stationary sidewalk vendor” means a sidewalk 3
114+vendor who sells food or merchandise from a fixed location. 4
115+ Sec. 7. 1. A board of county commissioners shall not: 5
116+ (a) Enact or enforce a complete prohibition on sidewalk 6
117+vendors. 7
118+ (b) Impose a criminal penalty on the act of sidewalk vending. 8
119+ 2. If a board of county commissioners adopts an ordinance 9
120+regulating sidewalk vendors, the ordinance must comply with the 10
121+requirements of sections 2 to 10, inclusive, of this act. 11
122+ 3. A board of county commissioners that does not adopt an 12
123+ordinance that complies or substantially complies with sections 2 13
124+to 10, inclusive, of this act, shall not cite, fine or prosecute a 14
125+sidewalk vendor for a violation of any rule or regulation that is 15
126+inconsistent with the provisions of sections 2 to 10, inclusive, of 16
127+this act. 17
128+ Sec. 8. An ordinance adopted by a board of county 18
129+commissioners regulating sidewalk vendors may require that a 19
130+sidewalk vendor: 20
131+ 1. Hold: 21
132+ (a) A permit for sidewalk vending; 22
133+ (b) A state business license; and 23
134+ (c) Any other licenses issued by a state or local governmental 24
135+agency to the extent otherwise required by law. 25
136+ Nothing in this section shall be construed to authorize a 26
137+sidewalk vendor to not comply with any requirement to obtain a 27
138+state business license or other license issued by a state agency to 28
139+the extent otherwise required by law. 29
140+ 2. Submit information to the designated representative of the 30
141+county relating to his or her operations, including, with limitation: 31
142+ (a) The name and current mailing address of the sidewalk 32
143+vendor; 33
144+ (b) If the sidewalk vendor is an agent of an individual, 34
145+company, partnership or corporation, the name and business 35
146+address of the principal office; 36
147+ (c) A description of the food or merchandise offered for sale; 37
148+and 38
149+ (d) A certification by the sidewalk vendor that, to the best of 39
150+his or her knowledge and belief, the information submitted 40
151+pursuant to this section is true. 41
152+ Sec. 9. 1. Except as otherwise provided in subsection 2, an 42
153+ordinance adopted by a board of county commissioners that 43
154+regulates sidewalk vendors must not: 44
155+ (a) Require a sidewalk vendor to: 45
152156 – 4 –
153157
154158
155-- 82nd Session (2023)
156- (b) An event facility that has seating capacity for at least
157-20,000 people and is constructed to accommodate a major or
158-minor league sports team;
159- (c) A convention facility operated by a county fair and
160-recreation board; or
161- (d) A median of a highway that is adjacent to a parking lot.
162- 4. A person may sell food, beverages or merchandise within
163-1,500 feet of a location described in subsection 1 if the conveyance
164-from which the person is selling food, beverages or merchandise is
165-located in an area which is zoned exclusively for residential use,
166-unless the area is on a public sidewalk or pedestrian path that is
167-immediately adjacent to a location described in subsection 1.
168- Sec. 8. An ordinance adopted by a board of county
169-commissioners regulating sidewalk vendors pursuant to section 7
170-of this act may require that a sidewalk vendor:
171- 1. Hold:
172- (a) A permit or license for sidewalk vending;
173- (b) A state business license; and
174- (c) Any other licenses issued by a state or local governmental
175-agency to the extent otherwise required by law.
176- Nothing in this section shall be construed to authorize a
177-sidewalk vendor to not comply with any requirement to obtain a
178-state business license or other license issued by a state agency or
179-any permit or license issued by a local government, agency or
180-board of health to the extent otherwise required by law.
181- 2. Submit information to the designated representative of the
182-county relating to his or her operations, including, without
183-limitation:
184- (a) The name and current mailing address of the sidewalk
185-vendor;
186- (b) If the sidewalk vendor is an agent of an individual,
187-company, partnership or corporation, the name and business
188-address of the principal office;
189- (c) A description of the food offered for sale; and
190- (d) A certification by the sidewalk vendor that, to the best of
191-his or her knowledge and belief, the information submitted
192-pursuant to this section is true.
193- Sec. 9. 1. In addition to the provisions of section 8 of this
194-act, an ordinance adopted by a board of county commissioners
195-that regulates sidewalk vendors may:
196- (a) Adopt requirements regulating the time, place and manner
197-of sidewalk vending if the requirements are objectively and
159+- *SB92*
160+ (1) Operate within specific parts of the public right-of-way; 1
161+ (2) Obtain the consent or approval of any nongovernmental 2
162+entity or individual before the sidewalk vendor may sell food or 3
163+merchandise; or 4
164+ (3) Operate only in a designated neighborhood or area; 5
165+ (b) Prohibit a sidewalk vendor from selling food or 6
166+merchandise in a park owned or operated by the county, unless the 7
167+operator of the park has signed an agreement for concessions that 8
168+exclusively permits the sale of food or merchandise by the 9
169+concessionaire; or 10
170+ (c) Restrict the overall number of sidewalk vendors permitted 11
171+to operate within the county. 12
172+ 2. In addition to the provisions of section 8 of this act, an 13
173+ordinance adopted by a board of county commissioners that 14
174+regulates sidewalk vendors may: 15
175+ (a) Adopt requirements regulating the time, place and manner 16
176+of sidewalk vending if the requirements are objectively and 17
177+directly related to the health, safety or welfare concerns of the 18
178+public, which may include, without limitation: 19
179+ (1) Restrictions on: 20
180+ (I) The hours of operation of a sidewalk vendor, which 21
181+may not be unduly restrictive. In a nonresidential area, any 22
182+restriction on the hours of operation of a sidewalk vendor must 23
183+not be more restrictive than any restriction on the hours of 24
184+operation imposed on other businesses or uses on the same street. 25
185+ (II) Sidewalk vending in a park owned or operated by 26
186+the county if the restrictions are necessary to ensure the use and 27
187+enjoyment by the public of natural resources and recreational 28
188+opportunities or to prevent an unreasonable interference with the 29
189+scenic and natural character of the park. 30
190+ (2) Requirements to: 31
191+ (I) Maintain sanitary conditions. 32
192+ (II) Ensure compliance with the Americans with 33
193+Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 34
194+ (b) Restrict or prohibit sidewalk vendors from operating: 35
195+ (1) In areas located within the immediate vicinity of a 36
196+farmers’ market licensed pursuant to NRS 244.337 during the 37
197+operating hours of the farmers’ market. 38
198+ (2) Within the immediate vicinity of an area designated for 39
199+a temporary special event by the board of county commissioners, 40
200+provided that any notice or other right provided to affected 41
201+businesses or property owners during the temporary special event 42
202+is also provided to any sidewalk vendors permitted to operate in 43
203+the area, if applicable. A prohibition of sidewalk vendors pursuant 44
198204 – 5 –
199205
200206
201-- 82nd Session (2023)
202-directly related to the health, safety or welfare concerns of the
203-public, which may include, without limitation:
204- (1) Restrictions on the hours of operation of a sidewalk
205-vendor, which may not be more restrictive than any restriction
206-imposed by any applicable ordinance regulating noise or any
207-restriction on the hours of operation imposed on home-based
208-businesses that are similar to sidewalk vending; and
209- (2) Requirements to:
210- (I) Maintain sanitary conditions and comply with the
211-regulations adopted by a local board of health pursuant to section
212-25 of this act.
213- (II) Ensure compliance with the Americans with
214-Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
215- (b) Restrict or prohibit sidewalk vendors from operating:
216- (1) In areas located within the immediate vicinity of a
217-farmers’ market licensed pursuant to NRS 244.337 during the
218-operating hours of the farmers’ market.
219- (2) Within the immediate vicinity of an area designated for
220-a temporary special event by the board of county commissioners,
221-provided that any notice or other right provided to affected
222-businesses or property owners during the temporary special event
223-is also provided to any sidewalk vendors permitted to operate in
224-the area, if applicable. A prohibition of sidewalk vendors pursuant
225-to this subparagraph must only be effective for the limited
226-duration of the temporary special event.
227- (3) Within a set distance established by the board of county
228-commissioners of:
229- (I) Except as otherwise provided in section 7.5 of this
230-act, an establishment that holds a nonrestricted gaming license
231-described in subsection 1 or 2 of NRS 463.0177;
232- (II) A food establishment;
233- (III) A school, child care facility, community center,
234-polling place, religious institution or place of worship or park or
235-recreational facility owned by the county; or
236- (IV) A highly trafficked pedestrian mall, convention
237-center or designated entertainment district.
238- (4) In residential areas, but must not prohibit nonstationary
239-sidewalk vendors from operating in such areas.
240- 2. As used in this section:
241- (a) “Entertainment district” means a contiguous area located
242-within a county that:
243- (1) Is zoned for or customarily used for commercial
244-purposes; and
207+- *SB92*
208+to this paragraph must only be effective for the limited duration of 1
209+the temporary special event. 2
210+ (3) Within a set distance established by the board of county 3
211+commissioners of an establishment that holds a nonrestricted 4
212+gaming license described in subsection 1 or 2 of NRS 463.0177. 5
213+ (4) In areas that are zoned exclusively for residential use, 6
214+but must not prohibit roaming sidewalk vendors in such areas. 7
215+ (c) Establish a schedule of administrative fines for violations 8
216+of the ordinance in accordance with the requirements of section 9
217+10 of this act. 10
218+ 3. For the purposes of this section, perceived community 11
219+animus or economic competition does not constitute an objective 12
220+health, safety or welfare concern. 13
221+ Sec. 10. 1. Except as otherwise provided in subsection 2, in 14
222+accordance with an ordinance adopted pursuant to sections 2 to 15
223+10, inclusive, of this act, a board of county commissioners may 16
224+impose an administrative fine on a sidewalk vendor not to exceed: 17
225+ (a) For a first violation, $100; 18
226+ (b) For a second violation within 1 year of the first violation, 19
227+$200; and 20
228+ (c) For a third or subsequent violation within 1 year of the first 21
229+violation, $500. 22
230+ 2. If a board of county commissioners requires a sidewalk 23
231+vendor to obtain a permit for sidewalk vending, the board of 24
232+county commissioners may, for a violation of the requirement to 25
233+obtain the permit: 26
234+ (a) Impose an administrative fine not to exceed: 27
235+ (1) For a first violation, $250; 28
236+ (2) For a second violation within 1 year of the first 29
237+violation, $500; and 30
238+ (3) For a third or subsequent violation within 1 year of the 31
239+first violation, $1,000; and 32
240+ (b) Suspend or revoke a permit issued to a sidewalk vendor for 33
241+the term of that permit upon a fourth or subsequent violation. 34
242+ Upon proof of a valid permit issued by the county, the 35
243+administrative fines set forth in this subsection must be reduced to 36
244+the administrative fines set forth in subsection 1. 37
245+ 3. No additional fines, fees, assessments or any other 38
246+financial conditions beyond those authorized by this section may 39
247+be imposed by ordinance. When imposing an administrative fine 40
248+in accordance with the provisions of this section, the ability of the 41
249+person to pay the fine must be taken into consideration. In lieu of 42
250+paying an administrative fine, an ordinance adopted pursuant to 43
251+sections 2 to 10, inclusive, of this act, must allow for: 44
245252 – 6 –
246253
247254
248-- 82nd Session (2023)
249- (2) Contains any number and combination of restaurants,
250-bars, entertainment establishments, music venues, theaters, art
251-galleries or studios, dance studios or athletic stadiums.
252- (b) “Pedestrian mall” has the meaning ascribed to it in
253-NRS 268.811.
254- Sec. 10. 1. In accordance with an ordinance adopted
255-pursuant to sections 2 to 10.5, inclusive, of this act, a board of
256-county commissioners or its designee may:
257- (a) Suspend or revoke any permit or license for sidewalk
258-vending for any violation of the ordinance or the terms or
259-conditions of the permit or license in the same manner as such
260-suspensions or revocations are imposed for other types of
261-businesses;
262- (b) Impose a civil penalty on the holder of a permit or license
263-for sidewalk vending that engages in sidewalk vending in a
264-prohibited residential area or for any violation of the terms or
265-conditions of the permit or license in accordance with the schedule
266-of civil penalties set forth in the ordinance, if any;
267- (c) Impose a civil penalty on a person who engages in sidewalk
268-vending without holding a permit or license for sidewalk vending
269-required by the ordinance in accordance with the schedule of civil
270-penalties set forth in the ordinance, if any; and
271- (d) Authorize any other action to prevent the sale or
272-consumption of any food or drink that violates any requirements
273-established by a local board of health pursuant to section 25 of
274-this act.
275- 2. For any person who engages in sidewalk vending without
276-holding a permit or license for sidewalk vending or who engages
277-in sidewalk vending in a prohibited area, a board of county
278-commissioners or its designee may also take any other action
279-authorized under existing law to enforce any prohibition on
280-unlicensed business activities, including, without limitation, any
281-action authorized pursuant to section 7.5 of this act.
282- Sec. 10.5. The provisions of sections 2 to 10.5, inclusive, of
283-this act shall not be construed to:
284- 1. Exempt a person from complying with any state or local
285-law or regulation;
286- 2. Provide a defense to any criminal charge unrelated to the
287-act of sidewalk vending; or
288- 3. Affect the rights of a private property owner to use or
289-authorize or limit the use of a sidewalk that is owned by the private
290-property owner, including, without limitation, a privately owned
291-sidewalk that is subject to an easement for public access.
255+- *SB92*
256+ (a) A person to complete community service in lieu of paying 1
257+an administrative fine; 2
258+ (b) The fine to be waived; or 3
259+ (c) An alternative disposition. 4
260+ Sec. 11. NRS 244.335 is hereby amended to read as follows: 5
261+ 244.335 1. Except as otherwise provided in subsections 2, 3, 6
262+4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 7
263+to 244.35359, inclusive, a board of county commissioners may: 8
264+ (a) Except as otherwise provided in NRS 244.331 to 244.3345, 9
265+inclusive, 598D.150 and 640C.100, and sections 2 to 10, inclusive, 10
266+of this act, regulate all character of lawful trades, callings, 11
267+industries, occupations, professions and business conducted in its 12
268+county outside of the limits of incorporated cities and towns. 13
269+ (b) Except as otherwise provided in NRS 244.3359 and 576.128, 14
270+fix, impose and collect a license tax for revenue or for regulation, or 15
271+for both revenue and regulation, on such trades, callings, industries, 16
272+occupations, professions and business. 17
273+ 2. The county license boards have the exclusive power in their 18
274+respective counties to regulate entertainers employed by an 19
275+entertainment by referral service and the business of conducting a 20
276+dancing hall, escort service, entertainment by referral service or 21
277+gambling game or device permitted by law, outside of an 22
278+incorporated city. The county license boards may fix, impose and 23
279+collect license taxes for revenue or for regulation, or for both 24
280+revenue and regulation, on such employment and businesses. 25
281+ 3. A board of county commissioners shall not require that a 26
282+person who is licensed as a contractor pursuant to chapter 624 of 27
283+NRS obtain more than one license to engage in the business of 28
284+contracting or pay more than one license tax related to engaging in 29
285+the business of contracting, regardless of the number of 30
286+classifications or subclassifications of licensing for which the person 31
287+is licensed pursuant to chapter 624 of NRS. 32
288+ 4. The board of county commissioners or county license board 33
289+shall not require a person to obtain a license or pay a license tax on 34
290+the sole basis that the person is a professional. As used in this 35
291+subsection, “professional” means a person who: 36
292+ (a) Holds a license, certificate, registration, permit or similar 37
293+type of authorization issued by a regulatory body as defined in NRS 38
294+622.060 or who is regulated pursuant to the Nevada Supreme Court 39
295+Rules; and 40
296+ (b) Practices his or her profession for any type of compensation 41
297+as an employee. 42
298+ 5. The county license board shall provide upon request an 43
299+application for a state business license pursuant to chapter 76 of 44
292300 – 7 –
293301
294302
295-- 82nd Session (2023)
296- Sec. 11. NRS 244.335 is hereby amended to read as follows:
297- 244.335 1. Except as otherwise provided in subsections 2, 3,
298-4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351
299-to 244.35359, inclusive, a board of county commissioners may:
300- (a) Except as otherwise provided in NRS 244.331 to 244.3345,
301-inclusive, 598D.150 and 640C.100, and sections 2 to 10.5,
302-inclusive, of this act, regulate all character of lawful trades, callings,
303-industries, occupations, professions and business conducted in its
304-county outside of the limits of incorporated cities and towns.
305- (b) Except as otherwise provided in NRS 244.3359 and 576.128,
306-fix, impose and collect a license tax for revenue or for regulation, or
307-for both revenue and regulation, on such trades, callings, industries,
308-occupations, professions and business.
309- 2. The county license boards have the exclusive power in their
310-respective counties to regulate entertainers employed by an
311-entertainment by referral service and the business of conducting a
312-dancing hall, escort service, entertainment by referral service or
313-gambling game or device permitted by law, outside of an
314-incorporated city. The county license boards may fix, impose and
315-collect license taxes for revenue or for regulation, or for both
316-revenue and regulation, on such employment and businesses.
317- 3. A board of county commissioners shall not require that a
318-person who is licensed as a contractor pursuant to chapter 624 of
319-NRS obtain more than one license to engage in the business of
320-contracting or pay more than one license tax related to engaging in
321-the business of contracting, regardless of the number of
322-classifications or subclassifications of licensing for which the person
323-is licensed pursuant to chapter 624 of NRS.
324- 4. The board of county commissioners or county license board
325-shall not require a person to obtain a license or pay a license tax on
326-the sole basis that the person is a professional. As used in this
327-subsection, “professional” means a person who:
328- (a) Holds a license, certificate, registration, permit or similar
329-type of authorization issued by a regulatory body as defined in NRS
330-622.060 or who is regulated pursuant to the Nevada Supreme Court
331-Rules; and
332- (b) Practices his or her profession for any type of compensation
333-as an employee.
334- 5. The county license board shall provide upon request an
335-application for a state business license pursuant to chapter 76 of
336-NRS. No license to engage in any type of business may be granted
337-unless the applicant for the license:
303+- *SB92*
304+NRS. No license to engage in any type of business may be granted 1
305+unless the applicant for the license: 2
306+ (a) Signs an affidavit affirming that the business has complied 3
307+with the provisions of chapter 76 of NRS; or 4
308+ (b) Provides to the county license board the business 5
309+identification number of the applicant assigned by the Secretary of 6
310+State pursuant to NRS 225.082 which the county may use to 7
311+validate that the applicant is currently in good standing with the 8
312+State and has complied with the provisions of chapter 76 of NRS. 9
313+ 6. No license to engage in business as a seller of tangible 10
314+personal property may be granted unless the applicant for the 11
315+license: 12
316+ (a) Presents written evidence that: 13
317+ (1) The Department of Taxation has issued or will issue a 14
318+permit for this activity, and this evidence clearly identifies the 15
319+business by name; or 16
320+ (2) Another regulatory agency of the State has issued or will 17
321+issue a license required for this activity; or 18
322+ (b) Provides to the county license board the business 19
323+identification number of the applicant assigned by the Secretary of 20
324+State pursuant to NRS 225.082 which the county may use to 21
325+validate that the applicant is currently in good standing with the 22
326+State and has complied with the provisions of paragraph (a). 23
327+ 7. Any license tax levied for the purposes of NRS 244.3358 or 24
328+244A.597 to 244A.655, inclusive, constitutes a lien upon the real 25
329+and personal property of the business upon which the tax was levied 26
330+until the tax is paid. The lien has the same priority as a lien for 27
331+general taxes. The lien must be enforced: 28
332+ (a) By recording in the office of the county recorder, within 6 29
333+months after the date on which the tax became delinquent or was 30
334+otherwise determined to be due and owing, a notice of the tax lien 31
335+containing the following: 32
336+ (1) The amount of tax due and the appropriate year; 33
337+ (2) The name of the record owner of the property; 34
338+ (3) A description of the property sufficient for identification; 35
339+and 36
340+ (4) A verification by the oath of any member of the board of 37
341+county commissioners or the county fair and recreation board; and 38
342+ (b) By an action for foreclosure against the property in the same 39
343+manner as an action for foreclosure of any other lien, commenced 40
344+within 2 years after the date of recording of the notice of the tax 41
345+lien, and accompanied by appropriate notice to other lienholders. 42
346+ 8. The board of county commissioners may delegate the 43
347+authority to enforce liens from taxes levied for the purposes of NRS 44
348+244A.597 to 244A.655, inclusive, to the county fair and recreation 45
338349 – 8 –
339350
340351
341-- 82nd Session (2023)
342- (a) Signs an affidavit affirming that the business has complied
343-with the provisions of chapter 76 of NRS; or
344- (b) Provides to the county license board the business
345-identification number of the applicant assigned by the Secretary of
346-State pursuant to NRS 225.082 which the county may use to
347-validate that the applicant is currently in good standing with the
348-State and has complied with the provisions of chapter 76 of NRS.
349- 6. No license to engage in business as a seller of tangible
350-personal property may be granted unless the applicant for the
351-license:
352- (a) Presents written evidence that:
353- (1) The Department of Taxation has issued or will issue a
354-permit for this activity, and this evidence clearly identifies the
355-business by name; or
356- (2) Another regulatory agency of the State has issued or will
357-issue a license required for this activity; or
358- (b) Provides to the county license board the business
359-identification number of the applicant assigned by the Secretary of
360-State pursuant to NRS 225.082 which the county may use to
361-validate that the applicant is currently in good standing with the
362-State and has complied with the provisions of paragraph (a).
363- 7. Any license tax levied for the purposes of NRS 244.3358 or
364-244A.597 to 244A.655, inclusive, constitutes a lien upon the real
365-and personal property of the business upon which the tax was levied
366-until the tax is paid. The lien has the same priority as a lien for
367-general taxes. The lien must be enforced:
368- (a) By recording in the office of the county recorder, within 6
369-months after the date on which the tax became delinquent or was
370-otherwise determined to be due and owing, a notice of the tax lien
371-containing the following:
372- (1) The amount of tax due and the appropriate year;
373- (2) The name of the record owner of the property;
374- (3) A description of the property sufficient for identification;
375-and
376- (4) A verification by the oath of any member of the board of
377-county commissioners or the county fair and recreation board; and
378- (b) By an action for foreclosure against the property in the same
379-manner as an action for foreclosure of any other lien, commenced
380-within 2 years after the date of recording of the notice of the tax
381-lien, and accompanied by appropriate notice to other lienholders.
382- 8. The board of county commissioners may delegate the
383-authority to enforce liens from taxes levied for the purposes of NRS
384-244A.597 to 244A.655, inclusive, to the county fair and recreation
352+- *SB92*
353+board. If the authority is so delegated, the board of county 1
354+commissioners shall revoke or suspend the license of a business 2
355+upon certification by the county fair and recreation board that the 3
356+license tax has become delinquent, and shall not reinstate the license 4
357+until the tax is paid. Except as otherwise provided in NRS 239.0115 5
358+and 244.3357, all information concerning license taxes levied by an 6
359+ordinance authorized by this section or other information concerning 7
360+the business affairs or operation of any licensee obtained as a result 8
361+of the payment of such license taxes or as the result of any audit or 9
362+examination of the books by any authorized employee of a county 10
363+fair and recreation board of the county for any license tax levied for 11
364+the purpose of NRS 244A.597 to 244A.655, inclusive, is 12
365+confidential and must not be disclosed by any member, officer or 13
366+employee of the county fair and recreation board or the county 14
367+imposing the license tax unless the disclosure is authorized by the 15
368+affirmative action of a majority of the members of the appropriate 16
369+county fair and recreation board. Continuing disclosure may be so 17
370+authorized under an agreement with the Department of Taxation or 18
371+Secretary of State for the exchange of information concerning 19
372+taxpayers. 20
373+ 9. Except as otherwise provided by regulations adopted by the 21
374+Cannabis Compliance Board pursuant to NRS 678B.645, a board of 22
375+county commissioners shall not license or otherwise allow a person 23
376+to operate a business that allows cannabis, as defined in NRS 24
377+678A.085, or cannabis products, as defined in NRS 678A.120, to be 25
378+consumed on the premises of the business, other than a cannabis 26
379+consumption lounge, as defined in NRS 678A.087, in accordance 27
380+with the provisions of chapter 678B of NRS. 28
381+ Sec. 12. Chapter 225 of NRS is hereby amended by adding 29
382+thereto the provisions set forth as sections 13 and 14 of this act. 30
383+ Sec. 13. 1. The Task Force on Safe Sidewalk Vending is 31
384+hereby created within the Office of the Secretary of State. 32
385+ 2. The Task Force consists of the following nine members 33
386+appointed by the Secretary of State: 34
387+ (a) A representative of a health district in this State; 35
388+ (b) A representative employed by a county or city whose 36
389+primary duties are the performance of tasks related to code 37
390+enforcement or zoning; 38
391+ (c) A representative who owns a small business in this State; 39
392+ (d) A representative from a rural area of this State; 40
393+ (e) A representative from the Office of the Secretary of State; 41
394+and 42
395+ (f) Four members at large chosen by the Secretary of State. 43
396+ 3. The members of the Task Force: 44
385397 – 9 –
386398
387399
388-- 82nd Session (2023)
389-board. If the authority is so delegated, the board of county
390-commissioners shall revoke or suspend the license of a business
391-upon certification by the county fair and recreation board that the
392-license tax has become delinquent, and shall not reinstate the license
393-until the tax is paid. Except as otherwise provided in NRS 239.0115
394-and 244.3357, all information concerning license taxes levied by an
395-ordinance authorized by this section or other information concerning
396-the business affairs or operation of any licensee obtained as a result
397-of the payment of such license taxes or as the result of any audit or
398-examination of the books by any authorized employee of a county
399-fair and recreation board of the county for any license tax levied for
400-the purpose of NRS 244A.597 to 244A.655, inclusive, is
401-confidential and must not be disclosed by any member, officer or
402-employee of the county fair and recreation board or the county
403-imposing the license tax unless the disclosure is authorized by the
404-affirmative action of a majority of the members of the appropriate
405-county fair and recreation board. Continuing disclosure may be so
406-authorized under an agreement with the Department of Taxation or
407-Secretary of State for the exchange of information concerning
408-taxpayers.
409- 9. Except as otherwise provided by regulations adopted by the
410-Cannabis Compliance Board pursuant to NRS 678B.645, a board of
411-county commissioners shall not license or otherwise allow a person
412-to operate a business that allows cannabis, as defined in NRS
413-678A.085, or cannabis products, as defined in NRS 678A.120, to be
414-consumed on the premises of the business, other than a cannabis
415-consumption lounge, as defined in NRS 678A.087, in accordance
416-with the provisions of chapter 678B of NRS.
417- Sec. 12. Chapter 225 of NRS is hereby amended by adding
418-thereto the provisions set forth as sections 13 and 14 of this act.
419- Sec. 13. 1. The Task Force on Safe Sidewalk Vending is
420-hereby created within the Office of the Secretary of State.
421- 2. The Task Force consists of the following nine members
422-appointed by the Secretary of State:
423- (a) A representative of a health district in a county whose
424-population is 100,000 or more;
425- (b) A representative employed by a county or city whose
426-primary duties are the performance of tasks related to business
427-licensing;
428- (c) A representative of the gaming or restaurant industries in
429-this State;
430- (d) A representative from a law enforcement agency in a
431-county whose population is 100,000 or more;
400+- *SB92*
401+ (a) Shall serve terms of 3 years. A member may be reappointed 1
402+to the Task Force and any vacancy must be filled in the same 2
403+manner as the original appointment. 3
404+ (b) Serve without compensation. 4
405+ 4. A majority of the members of the Task Force constitutes a 5
406+quorum for the transaction of business, and a majority of these 6
407+members present at the meeting is sufficient for any official action 7
408+taken by the Task Force. 8
409+ 5. As used in this section, “code enforcement” means the 9
410+enforcement of laws, ordinances or codes regulating public 10
411+nuisances or the public health, safety and welfare. 11
412+ Sec. 14. 1. The Task Force on Safe Sidewalk Vending 12
413+created by section 13 of this act shall: 13
414+ (a) Review the existing laws of this State, the cities and 14
415+counties in this State and those of other states and municipalities 15
416+relating to sidewalk vending; and 16
417+ (b) Recommend approaches to improve the laws of this State 17
418+and the cities and counties of this State to: 18
419+ (1) Legalize sidewalk vending; 19
420+ (2) Simplify and standardize the laws governing sidewalk 20
421+vending; 21
422+ (3) Remove unnecessary barriers to sidewalk vending; and 22
423+ (4) Protect the public health, safety and welfare by 23
424+ensuring sidewalk vendors follow clear and narrowly tailored laws 24
425+which address demonstrable health, safety and welfare risks. 25
426+ 2. On or before September 1 of each even-numbered year, the 26
427+Task Force shall submit to the Director of the Legislative Counsel 27
428+Bureau for submission to the Legislative Commission a written 28
429+report. The report must include, without limitation, a summary of 29
430+the work of the Task Force and any recommendations for 30
431+legislation. 31
432+ Sec. 15. Chapter 268 of NRS is hereby amended by adding 32
433+thereto the provisions set forth as sections 16 to 24, inclusive, of this 33
434+act. 34
435+ Sec. 16. The provisions of sections 16 to 24, inclusive, of this 35
436+act apply only to a city in a county whose population is 100,000 or 36
437+more. 37
438+ Sec. 17. As used in sections 16 to 24, inclusive, of this act, 38
439+unless the context otherwise requires, the words and terms defined 39
440+in sections 18, 19 and 20 of this act have the meanings ascribed to 40
441+them in those sections. 41
442+ Sec. 18. “Roaming sidewalk vendor” means a sidewalk 42
443+vendor who moves from place to place and stops only to sell food 43
444+or merchandise. 44
432445 – 10 –
433446
434447
435-- 82nd Session (2023)
436- (e) A representative from the Office of the Secretary of State;
437-and
438- (f) Four members at large chosen by the Secretary of State,
439-with priority given to persons who are sidewalk vendors or are
440-affiliated with a community organization that represents and
441-affiliates with sidewalk vendors.
442- 3. The members of the Task Force:
443- (a) Shall serve terms of 3 years. A member may be reappointed
444-to the Task Force and any vacancy must be filled in the same
445-manner as the original appointment.
446- (b) Serve without compensation.
447- 4. A majority of the members of the Task Force constitutes a
448-quorum for the transaction of business, and a majority of these
449-members present at the meeting is sufficient for any official action
450-taken by the Task Force.
451- 5. To support the activities of the Task Force, the Secretary of
452-State may establish an advisory board composed of representatives
453-of counties, cities and businesses, including, without limitation, a
454-member of a health department or health district.
455- 6. The Task Force may apply for and accept any gift,
456-donation, bequest, grant or other source of money to carry out the
457-duties of the Task Force.
458- Sec. 14. 1. The Task Force on Safe Sidewalk Vending
459-created by section 13 of this act shall:
460- (a) Review the existing laws of this State, the cities and
461-counties in this State and those of other states and municipalities
462-relating to sidewalk vending; and
463- (b) Recommend approaches to improve the laws of this State
464-and the cities and counties of this State to:
465- (1) Legalize sidewalk vending;
466- (2) Simplify and standardize the laws governing sidewalk
467-vending;
468- (3) Remove unnecessary barriers to sidewalk vending;
469- (4) Protect the public health, safety and welfare by
470-ensuring sidewalk vendors follow clear and narrowly tailored laws
471-which address demonstrable health, safety and welfare risks; and
472- (5) Develop enforcement mechanisms, including, without
473-limitation, civil penalties for sidewalk vendors that operate in
474-authorized areas.
475- 2. On or before September 1 of each even-numbered year, the
476-Task Force shall submit to the Director of the Legislative Counsel
477-Bureau for submission to the Legislative Commission a written
478-report. The report must include, without limitation, a summary of
448+- *SB92*
449+ Sec. 19. “Sidewalk vendor” means a person who sells food or 1
450+merchandise upon a public sidewalk or other pedestrian path from 2
451+a nonmotorized conveyance, including, without limitation, a 3
452+pushcart, stand, display, pedal-driven cart, wagon, showcase or 4
453+rack. This term includes, without limitation, a roaming sidewalk 5
454+vendor and a stationary sidewalk vendor. 6
455+ Sec. 20. “Stationary sidewalk vendor” means a sidewalk 7
456+vendor who sells food or merchandise from a fixed location. 8
457+ Sec. 21. 1. A city council or other governing body of an 9
458+incorporated city shall not: 10
459+ (a) Enact or enforce a complete prohibition on sidewalk 11
460+vendors. 12
461+ (b) Impose a criminal penalty on the act of sidewalk vending. 13
462+ 2. If a city council or other governing body of an 14
463+incorporated city adopts an ordinance regulating sidewalk 15
464+vendors, the ordinance must comply with the requirements of 16
465+sections 16 to 24, inclusive, of this act. 17
466+ 3. A city council or other governing body of an incorporated 18
467+city that does not adopt an ordinance that complies or 19
468+substantially complies with sections 16 to 24, inclusive, of this act, 20
469+shall not cite, fine or prosecute a sidewalk vendor for a violation 21
470+of any rule or regulation that is inconsistent with the provisions of 22
471+sections 16 to 24, inclusive, of this act. 23
472+ Sec. 22. An ordinance adopted by a city council or other 24
473+governing body of an incorporated city regulating sidewalk 25
474+vendors may require that a sidewalk vendor: 26
475+ 1. Hold: 27
476+ (a) A permit for sidewalk vending; 28
477+ (b) A state business license; and 29
478+ (c) Any other licenses issued by the State or local 30
479+governmental agency to the extent otherwise required by law. 31
480+ Nothing in this section shall be construed to authorize a 32
481+sidewalk vendor to not comply with any requirement to obtain a 33
482+state business license or other license issued by a state agency to 34
483+the extent otherwise required by law. 35
484+ 2. Submit information to the designated representative of the 36
485+city relating to his or her operations, including, with limitation: 37
486+ (a) The name and current mailing address of the sidewalk 38
487+vendor; 39
488+ (b) If the sidewalk vendor is an agent of an individual, 40
489+company, partnership or corporation, the name and business 41
490+address of the principal office; 42
491+ (c) A description of the food or merchandise offered for sale; 43
492+and 44
479493 – 11 –
480494
481495
482-- 82nd Session (2023)
483-the work of the Task Force and any recommendations for
484-legislation and regulations.
485- Sec. 15. Chapter 268 of NRS is hereby amended by adding
486-thereto the provisions set forth as sections 16 to 24.5, inclusive, of
487-this act.
488- Sec. 16. The provisions of sections 16 to 24.5, inclusive, of
489-this act apply only to a city in a county whose population is
490-100,000 or more.
491- Sec. 17. As used in sections 16 to 24.5, inclusive, of this act,
492-unless the context otherwise requires, “sidewalk vendor” means a
493-person who sells food upon a public sidewalk or other pedestrian
494-path from a conveyance, including, without limitation, a pushcart,
495-stand, display, pedal-driven cart, wagon, showcase or rack. The
496-term includes, without limitation, a nonstationary sidewalk vendor
497-and a stationary sidewalk vendor.
498- Secs. 18-20. (Deleted by amendment.)
499- Sec. 21. 1. A city council or other governing body of an
500-incorporated city may adopt an ordinance regulating sidewalk
501-vendors in accordance with the requirements of sections 16 to
502-24.5, inclusive, of this act.
503- 2. Except as otherwise provided in sections 16 to 24.5,
504-inclusive, of this act, a city council or other governing body of an
505-incorporated city shall not:
506- (a) Enact or enforce a complete prohibition on sidewalk
507-vendors.
508- (b) Impose a criminal penalty on the act of sidewalk vending
509-in a residential area.
510- 3. A city council or other governing body of an incorporated
511-city that does not adopt an ordinance that complies or
512-substantially complies with sections 16 to 24.5, inclusive, of this
513-act, shall not cite, fine or prosecute a sidewalk vendor for a
514-violation of any rule or regulation that is inconsistent with the
515-provisions of sections 16 to 24.5, inclusive, of this act.
516- 4. If a city council or other governing body of an
517-incorporated city adopts an ordinance pursuant to this section, the
518-city council or other governing body shall post on its Internet
519-website a map of the zones where a person may engage in the act
520-of sidewalk vending.
521- Sec. 21.5. 1. Except as otherwise provided in subsection 4,
522-a person shall not sell food, beverages or merchandise upon a
523-public sidewalk or pedestrian path from a conveyance, including,
524-without limitation, a pushcart, stand, display, pedal-driven cart,
525-wagon, showcase or rack, within 1,500 feet of:
496+- *SB92*
497+ (d) A certification by the sidewalk vendor that, to the best of 1
498+his or her knowledge and belief, the information submitted 2
499+pursuant to this section is true. 3
500+ Sec. 23. 1. Except as otherwise provided in subsection 2, an 4
501+ordinance adopted by a city council or other governing body of an 5
502+incorporated city that regulates sidewalk vendors must not: 6
503+ (a) Require a sidewalk vendor to: 7
504+ (1) Operate within specific parts of the public right-of-way; 8
505+ (2) Obtain the consent or approval of any nongovernmental 9
506+entity or individual before the sidewalk vendor may sell food or 10
507+merchandise; or 11
508+ (3) Operate only in a designated neighborhood or area; 12
509+ (b) Prohibit a sidewalk vendor from selling food or 13
510+merchandise in a park owned or operated by the city, unless the 14
511+operator of the park has signed an agreement for concessions that 15
512+exclusively permits the sale of food or merchandise by the 16
513+concessionaire; or 17
514+ (c) Restrict the overall number of sidewalk vendors permitted 18
515+to operate within the city. 19
516+ 2. In addition to the provisions of section 22 of this act, an 20
517+ordinance adopted by a city council or other governing body of an 21
518+incorporated city that regulates sidewalk vendors may: 22
519+ (a) Adopt requirements regulating the time, place and manner 23
520+of sidewalk vending if the requirements are objectively and 24
521+directly related to the health, safety or welfare concerns of the 25
522+public, which may include, without limitation: 26
523+ (1) Restrictions on: 27
524+ (I) The hours of operation of a sidewalk vendor, which 28
525+may not be unduly restrictive. In a nonresidential area, any 29
526+restriction on the hours of operation of a sidewalk vendor must 30
527+not be more restrictive than any restriction on the hours of 31
528+operation imposed on other businesses or uses on the same street. 32
529+ (II) Sidewalk vending in a park owned or operated by 33
530+the city if the restrictions are necessary to ensure the use and 34
531+enjoyment by the public of natural resources and recreational 35
532+opportunities or to prevent an unreasonable interference with the 36
533+scenic and natural character of the park. 37
534+ (2) Requirements to: 38
535+ (I) Maintain sanitary conditions. 39
536+ (II) Ensure compliance with the Americans with 40
537+Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. 41
538+ (b) Restrict or prohibit sidewalk vendors from operating: 42
539+ (1) In areas located within the immediate vicinity of a 43
540+farmers’ market licensed pursuant to NRS 268.092 during the 44
541+operating hours of the farmers’ market. 45
526542 – 12 –
527543
528544
529-- 82nd Session (2023)
530- (a) A resort hotel, as defined in NRS 463.01865;
531- (b) An event facility that has seating capacity for at least
532-20,000 people and is constructed to accommodate a major or
533-minor league sports team;
534- (c) A convention facility operated by a county fair and
535-recreation board; or
536- (d) A median of a highway, if the median is adjacent to a
537-parking lot.
538- 2. For any violation of subsection 1, a city council or other
539-governing body of an incorporated city may impose a criminal,
540-civil or administrative penalty in accordance with an ordinance
541-adopted by the city council or other governing body of an
542-incorporated city pursuant to section 21 of this act. The maximum
543-criminal penalty that may be specified in an ordinance adopted
544-pursuant to section 21 of this act is a misdemeanor. A violation of
545-subsection 1 or such an ordinance does not constitute a crime of
546-moral turpitude.
547- 3. Nothing in this section authorizes a person to sell
548-merchandise 1,500 feet or more from:
549- (a) A resort hotel, as defined in NRS 463.01865;
550- (b) An event facility that has seating capacity for at least
551-20,000 people and is constructed to accommodate a major or
552-minor league sports team;
553- (c) A convention facility operated by a county fair and
554-recreation board; or
555- (d) A median of a highway that is adjacent to a parking lot.
556- 4. A person may sell food, beverages or merchandise within
557-1,500 feet of a location described in subsection 1 if the conveyance
558-from which the person is selling food, beverages or merchandise is
559-located in an area which is zoned exclusively for residential use,
560-unless the area is on a public sidewalk or pedestrian path that is
561-immediately adjacent to a location described in subsection 1.
562- Sec. 22. An ordinance adopted by a city council or other
563-governing body of an incorporated city regulating sidewalk
564-vendors pursuant to section 21 of this act may require that a
565-sidewalk vendor:
566- 1. Hold:
567- (a) A permit or license for sidewalk vending;
568- (b) A state business license; and
569- (c) Any other licenses issued by a state or local governmental
570-agency to the extent otherwise required by law.
571- Nothing in this section shall be construed to authorize a
572-sidewalk vendor to not comply with any requirement to obtain a
545+- *SB92*
546+ (2) Within the immediate vicinity of an area designated for 1
547+a temporary special event by the city council or other governing 2
548+body of an incorporated city, provided that any notice or other 3
549+right provided to affected businesses or property owners during 4
550+the temporary special event is also provided to any sidewalk 5
551+vendors permitted to operate in the area, if applicable. A 6
552+prohibition of sidewalk vendors pursuant to this paragraph must 7
553+only be effective for the limited duration of the temporary special 8
554+event. 9
555+ (3) Within a set distance established by the city council or 10
556+other governing body of an incorporated city of an establishment 11
557+that holds a nonrestricted gaming license described in subsection 12
558+1 or 2 of NRS 463.0177. 13
559+ (4) In areas that are zoned exclusively for residential use, 14
560+but must not prohibit roaming sidewalk vendors in such areas. 15
561+ (c) Establish a schedule of administrative fines for violations 16
562+of the ordinance in accordance with the requirements of section 17
563+24 of this act. 18
564+ 3. For the purposes of this section, perceived community 19
565+animus or economic competition does not constitute an objective 20
566+health, safety or welfare concern. 21
567+ Sec. 24. 1. Except as otherwise provided in subsection 2, in 22
568+accordance with an ordinance adopted pursuant to sections 16 to 23
569+24, inclusive, of this act, a city council or other governing body of 24
570+an incorporated city may impose an administrative fine on a 25
571+sidewalk vendor not to exceed: 26
572+ (a) For a first violation, $100; 27
573+ (b) For a second violation within 1 year of the first violation, 28
574+$200; and 29
575+ (c) For a third or subsequent violation within 1 year of the first 30
576+violation, $500. 31
577+ 2. If a city council or other governing body of an 32
578+incorporated city requires a sidewalk vendor to obtain a permit for 33
579+sidewalk vending, the city council or other governing body of an 34
580+incorporated city may, for a violation of the requirement to obtain 35
581+the permit: 36
582+ (a) Impose an administrative fine not to exceed: 37
583+ (1) For a first violation, $250; 38
584+ (2) For a second violation within 1 year of the first 39
585+violation, $500; and 40
586+ (3) For a third or subsequent violation within 1 year of the 41
587+first violation, $1,000; and 42
588+ (b) Suspend or revoke a permit issued to a sidewalk vendor for 43
589+the term of that permit upon a fourth or subsequent violation. 44
573590 – 13 –
574591
575592
576-- 82nd Session (2023)
577-state business license or other license issued by a state agency or
578-any permit or license issued by a local government, agency or
579-board of health to the extent otherwise required by law.
580- 2. Submit information to the designated representative of the
581-city relating to his or her operations, including, without limitation:
582- (a) The name and current mailing address of the sidewalk
583-vendor;
584- (b) If the sidewalk vendor is an agent of an individual,
585-company, partnership or corporation, the name and business
586-address of the principal office;
587- (c) A description of the food offered for sale; and
588- (d) A certification by the sidewalk vendor that, to the best of
589-his or her knowledge and belief, the information submitted
590-pursuant to this section is true.
591- Sec. 23. 1. In addition to the provisions of section 22 of this
592-act, an ordinance adopted by a city council or other governing
593-body of an incorporated city that regulates sidewalk vendors may:
594- (a) Adopt requirements regulating the time, place and manner
595-of sidewalk vending if the requirements are objectively and
596-directly related to the health, safety or welfare concerns of the
597-public, which may include, without limitation:
598- (1) Restrictions on the hours of operation of a sidewalk
599-vendor, which may not be more restrictive than any restriction
600-imposed by any applicable ordinance regulating noise or any
601-restriction on the hours of operation imposed on home-based
602-businesses that are similar to sidewalk vending; and
603- (2) Requirements to:
604- (I) Maintain sanitary conditions and comply with the
605-regulations adopted by a local board of health pursuant to section
606-25 of this act.
607- (II) Ensure compliance with the Americans with
608-Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
609- (b) Restrict or prohibit sidewalk vendors from operating:
610- (1) In areas located within the immediate vicinity of a
611-farmers’ market licensed pursuant to NRS 268.092 during the
612-operating hours of the farmers’ market.
613- (2) Within the immediate vicinity of an area designated for
614-a temporary special event by the city council or other governing
615-body of an incorporated city, provided that any notice or other
616-right provided to affected businesses or property owners during
617-the temporary special event is also provided to any sidewalk
618-vendors permitted to operate in the area, if applicable. A
619-prohibition of sidewalk vendors pursuant to this subparagraph
593+- *SB92*
594+ Upon proof of a valid permit issued by the city council or other 1
595+governing body of an incorporated city, the administrative fines set 2
596+forth in this subsection must be reduced to the administrative fines 3
597+set forth in subsection 1. 4
598+ 3. No additional fines, fees, assessments or any other 5
599+financial conditions beyond those authorized by this section may 6
600+be imposed by ordinance. When imposing an administrative fine 7
601+in accordance with the provisions of this section, the ability of the 8
602+person to pay the fine must be taken into consideration. In lieu of 9
603+paying an administrative fine, an ordinance adopted pursuant to 10
604+sections 16 to 24, inclusive, of this act, must allow for: 11
605+ (a) A person to complete community service in lieu of paying 12
606+an administrative fine; 13
607+ (b) The fine to be waived; or 14
608+ (c) An alternative disposition. 15
609+ Sec. 25. Chapter 446 of NRS is hereby amended by adding 16
610+thereto a new section to read as follows: 17
611+ 1. A local board of health in a county whose population is 18
612+100,000 or more or a city in a county whose population is 100,000 19
613+or more shall adopt regulations pursuant to NRS 446.940 for 20
614+sidewalk vendors of food which must, without limitation: 21
615+ (a) Provide for a person applying for a permit for sidewalk 22
616+vending to pay any fees required by the local board of health using 23
617+a payment plan; and 24
618+ (b) Establish procedures for a person seeking to operate as a 25
619+sidewalk vendor who does not have a drivers’ license or 26
620+identification card issued by this State or another State, the 27
621+District of Columbia or any territory of the United States to obtain 28
622+any certification required by the local board of health as a food 29
623+handler. 30
624+ 2. As used in this section: 31
625+ (a) “Roaming sidewalk vendor” means a sidewalk vendor who 32
626+moves from place to place and stops only to sell food. 33
627+ (b) “Sidewalk vendor” means a person who sells food upon a 34
628+public sidewalk or other pedestrian path from a nonmotorized 35
629+conveyance, including, without limitation, a pushcart, stand, 36
630+display, pedal-driven cart, wagon, showcase or rack. This term 37
631+includes a roaming sidewalk vendor and a stationary sidewalk 38
632+vendor. 39
633+ (c) “Stationary sidewalk vendor” means a sidewalk vendor 40
634+who sells food from a fixed location. 41
635+ Sec. 26. Any ordinance, regulation or rule of a county or city 42
636+which conflicts with the provisions of this act is void and 43
637+unenforceable. 44
620638 – 14 –
621639
622640
623-- 82nd Session (2023)
624-must only be effective for the limited duration of the temporary
625-special event.
626- (3) Within a set distance established by the city council or
627-other governing body of an incorporated city of:
628- (I) Except as otherwise provided in section 21.5 of this
629-act, an establishment that holds a nonrestricted gaming license
630-described in subsection 1 or 2 of NRS 463.0177;
631- (II) A food establishment;
632- (III) A school, child care facility, community center,
633-polling place, religious institution or place of worship or a park or
634-recreational facility owned by the city; or
635- (IV) A highly trafficked pedestrian mall, convention
636-center or designated entertainment district.
637- (4) In residential areas, but must not prohibit nonstationary
638-sidewalk vendors from operating in such areas.
639- 2. As used in this section:
640- (a) “Entertainment district” means a contiguous area located
641-within a city that:
642- (1) Is zoned for or customarily used for commercial
643-purposes; and
644- (2) Contains any number and combination of restaurants,
645-bars, entertainment establishments, music venues, theaters, art
646-galleries or studios, dance studios or athletic stadiums.
647- (b) “Pedestrian mall” has the meaning ascribed to it in
648-NRS 268.811.
649- Sec. 24. 1. In accordance with an ordinance adopted
650-pursuant to sections 16 to 24.5, inclusive, of this act, a city council
651-or other governing body of an incorporated city, or a designee of
652-the city council or other governing body, may:
653- (a) Suspend or revoke any permit or license for sidewalk
654-vending for any violation of the ordinance or the terms or
655-conditions of the permit or license in the same manner as such
656-suspensions or revocations are imposed for other types of
657-businesses;
658- (b) Impose a civil penalty on the holder of a permit or license
659-for sidewalk vending that engages in sidewalk vending in a
660-prohibited residential area or for any violation of the terms or
661-conditions of the permit or license in accordance with the schedule
662-of civil penalties set forth in the ordinance, if any;
663- (c) Impose a civil penalty on a person who engages in sidewalk
664-vending without holding a permit or license for sidewalk vending
665-required by the ordinance in accordance with the schedule of civil
666-penalties set forth in the ordinance, if any; and
667- – 15 –
641+- *SB92*
642+ Sec. 27. 1. The provisions of sections 2 to 11, inclusive, and 1
643+15 to 24, inclusive, of this act apply to any pending criminal 2
644+proceeding for a violation of an ordinance regulating the act of 3
645+sidewalk vending. All pending criminal proceedings for a violation 4
646+of such an ordinance or regulation shall be dismissed. Any person 5
647+who is currently serving or who has completed a sentence, or who is 6
648+subject to a criminal fine, for a conviction for the act of sidewalk 7
649+vending, whether by trial or by open or negotiated plea, who would 8
650+not have been guilty of that offense under the provisions of sections 9
651+2 to 11, inclusive, and 15 to 24, inclusive, of this act may petition 10
652+for dismissal of the sentence, fine or conviction. 11
653+ 2. Nothing in this section is intended to diminish or abrogate: 12
654+ (a) Any rights or remedies otherwise available to a petitioner; or 13
655+ (b) The finality of judgements in any case that does not fall 14
656+within the provisions of sections 2 to 11, inclusive, and 15 to 24, 15
657+inclusive, of this act. 16
658+ Sec. 28. The provisions of subsection 1 of NRS 218D.380 do 17
659+not apply to any provision of this act which adds or revises a 18
660+requirement to submit a report to the Legislature. 19
661+ Sec. 29. 1. This section and sections 26, 27 and 28 of this act 20
662+become effective upon passage and approval. 21
663+ 2. Sections 12, 13 and 14 of this act become effective: 22
664+ (a) Upon passage and approval for the purpose of appointing 23
665+members of the Task Force on Safe Sidewalk Vending and 24
666+performing any other preparatory administrative tasks to carry out 25
667+the provisions of sections 12, 13 and 14 of this act; and 26
668+ (b) On January 1, 2024, for all other purposes. 27
669+ 3. Sections 1 to 11, inclusive, and 15 to 25, inclusive, of this 28
670+act become effective on January 1, 2024. 29
668671
669-
670-- 82nd Session (2023)
671- (d) Authorize any other action to prevent the sale or
672-consumption of any food or drink that violates any requirements
673-established by a local board of health pursuant to section 25 of
674-this act.
675- 2. For any person who engages in sidewalk vending without
676-holding a permit or license for sidewalk vending or who engages
677-in sidewalk vending in a prohibited area, a city council or other
678-governing body of an incorporated city, or a designee of the city
679-council or other governing body, may also take any other action
680-authorized under existing law to enforce any prohibition on
681-unlicensed business activities, including, without limitation, any
682-action authorized pursuant to section 21.5 of this act.
683- Sec. 24.5. The provisions of sections 16 to 24.5, inclusive, of
684-this act, shall not be construed to:
685- 1. Exempt a person from complying with any state or local
686-law or regulation;
687- 2. Provide a defense to any criminal charge unrelated to the
688-act of sidewalk vending; or
689- 3. Affect the rights of a private property owner to use or
690-authorize or limit the use of a sidewalk that is owned by the private
691-property owner, including, without limitation, a privately owned
692-sidewalk that is subject to an easement for public access.
693- Sec. 25. Chapter 446 of NRS is hereby amended by adding
694-thereto a new section to read as follows:
695- 1. A local board of health in a county whose population is
696-100,000 or more or a city in a county whose population is 100,000
697-or more shall adopt regulations pursuant to NRS 446.940
698-regulating sidewalk vendors of food which must, without
699-limitation:
700- (a) Establish a process for a person to apply to the local board
701-of health for a permit, license or other authorization to operate as
702-a sidewalk vendor;
703- (b) Provide for a person applying for a permit, license or other
704-authorization for sidewalk vending to pay any fees required by the
705-local board of health using a payment plan;
706- (c) Establish procedures for a person seeking to operate as a
707-sidewalk vendor who does not have a drivers’ license or
708-identification card issued by this State or another State, the
709-District of Columbia or any territory of the United States to obtain
710-any certification required by the local board of health as a food
711-handler; and
712- – 16 –
713-
714-
715-- 82nd Session (2023)
716- (d) Include any other regulation determined to be necessary by
717-the Task Force on Safe Sidewalk Vending pursuant to section 14
718-of this act.
719- 2. As used in this section, “sidewalk vendor” means a person
720-who sells food upon a public sidewalk or other pedestrian path
721-from a conveyance, including, without limitation, a pushcart,
722-stand, display, pedal-driven cart, wagon, showcase or rack. The
723-term includes a nonstationary sidewalk vendor and a stationary
724-sidewalk vendor.
725- Sec. 26. Any ordinance, regulation or rule of a county or city
726-which conflicts with the provisions of this act is void and
727-unenforceable.
728- Sec. 26.5. Each local board of health in a county whose
729-population is 100,000 or more and local board of health of a city in a
730-county whose population is 100,000 or more shall adopt the
731-regulations required by section 25 of this act on or before
732-December 31, 2025.
733- Sec. 27. (Deleted by amendment.)
734- Sec. 27.5. The amendatory provisions of this section and
735-sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act are
736-not severable. If any provision of this section or sections 2 to 11,
737-inclusive, or 16 to 26.5, inclusive, of this act, or any application
738-thereof to any person, thing or circumstance is held invalid, the
739-other provisions of this section and sections 2 to 11, inclusive, and
740-16 to 26.5, inclusive, of this act become ineffective.
741- Sec. 28. The provisions of subsection 1 of NRS 218D.380 do
742-not apply to any provision of this act which adds or revises a
743-requirement to submit a report to the Legislature.
744- Sec. 29. 1. This section and sections 26.5 to 28, inclusive, of
745-this act become effective upon passage and approval.
746- 2. Sections 12, 13 and 14 of this act become effective:
747- (a) Upon passage and approval for the purpose of appointing
748-members of the Task Force on Safe Sidewalk Vending and
749-performing any other preparatory administrative tasks that are
750-necessary to carry out the provisions of sections 12, 13 and 14 of
751-this act; and
752- (b) On January 1, 2024, for all other purposes.
753- 3. Sections 7.5, 21.5 and 26 of this act become effective:
754- (a) Upon passage and approval for the purpose of performing
755-any preparatory administrative tasks that are necessary to carry out
756-the provisions of this act; and
757- (b) On October 15, 2023, for all other purposes.
758- – 17 –
759-
760-
761-- 82nd Session (2023)
762- 4. Sections 1 to 7, inclusive, 8, 10, 11, 15 to 22, inclusive, 24,
763-24.5 and 25 of this act become effective on January 1, 2024.
764- 5. Sections 9 and 23 of this act become effective:
765- (a) Upon passage and approval for the purpose of performing
766-any preparatory administrative tasks that are necessary to carry out
767-the provisions of this act; and
768- (b) On July 1, 2024, for all other purposes.
769-
770-20 ~~~~~ 23
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