- 82nd Session (2023)
Senate Bill No. 92–Senators Donate,
Flores and Ohrenschall
Joint Sponsors: Assemblywomen Marzola,
González and Torres
CHAPTER..........
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
and proper to address matters of local concern. (NRS 244.146, 268.0035) Sections
1-11 and 15-24.5 of this bill set forth various requirements for the licensing and
regulation of sidewalk vendors of food by the governing body of certain counties
and cities.
Sections 2 and 16 of this bill provide that the provisions of sections 1-10 and
15-25 of this bill apply only to a county whose population is 100,000 or more
(currently Clark and Washoe Counties) or to a city in a county whose population is
100,000 or more.
Sections 3 and 17 of this bill define the term “sidewalk vendor.”
Sections 7 and 21 of this bill: (1) authorize a governing body of a county or
city to adopt an ordinance regulating sidewalk vendors; and (2) require the
governing body of a county or city that adopts such an ordinance to post on its
Internet website a map of the areas where a person may engage in the act of
sidewalk vending. Sections 7 and 21 also prohibit a governing body of a county or
city from, with certain exceptions: (1) enforcing or enacting a complete prohibition
on sidewalk vending; (2) imposing criminal penalties for the act of sidewalk
vending in a residential area; or (3) regulating sidewalk vendors, except in
compliance or substantial compliance with the provisions of this bill.
Sections 7.5 and 21.5 of this bill prohibit a person, with certain exceptions,
from selling food, beverages or merchandise upon a public sidewalk or pedestrian
path from a conveyance within 1,500 feet of: (1) a resort hotel; (2) certain event
facilities; (3) certain convention facilities; and (4) a median of a highway, if the
median is adjacent to a parking lot. Sections 7.5 and 21.5 authorize, with certain
exceptions, a person to sell food, beverages or merchandise within 1,500 feet of
such a location if the area is zoned exclusively for residential use.
Sections 8 and 22 of this bill authorize a governing body of a county or city to
require that a sidewalk vendor: (1) hold certain state and local permits or licenses;
and (2) submit certain information to the county or city.
Sections 9 and 23 of this bill provide that an ordinance adopted by a governing
body of a county or city may, with certain exceptions, impose additional
requirements regulating the time, place and manner of sidewalk vending.
– 2 –
- 82nd Session (2023)
Sections 10 and 24 of this bill authorize a governing body of a county or city
to impose by ordinance certain penalties and fines for a violation of the provisions
of the ordinance regulating sidewalk vendors or for operating without any required
license or permit for sidewalk vendors.
Sections 10.5 and 24.5 of this bill provide that the provisions of this bill
governing the regulation of sidewalk vendors by a governing body of a county or
city shall not be construed to: (1) exempt a person from complying with any state or
local law or regulation; (2) provide a defense to any criminal act that is not related
to the act of sidewalk vending; or (3) affect certain rights of a private property
owner to use or authorize or limit the use of a privately owned sidewalk.
Section 11 of this bill makes a conforming change to create an exception to the
authority of a board of county commissioners to regulate all character of lawful
trades, callings, industries, occupations, professions and business.
Existing law authorizes a local board of health to adopt regulations relating to
food establishments. (NRS 446.940) Section 25 of this bill requires a local board of
health to adopt regulations to establish a process for a person to apply for a permit,
license or other authorization from the local board of health to operate as a
sidewalk vendor and that allow a person applying for any such authorization to
operate as a sidewalk vendor to: (1) pay any fees required by the local board of
health using a payment plan; and (2) obtain any necessary certification as a food
handler if the person does not have a driver’s license or identification card.
Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the
Office of the Secretary of State and requires the Secretary of State to appoint nine
members to the Task Force. Section 14 of this bill requires the Task Force to
review existing laws governing sidewalk vending and recommend approaches to
improve the laws of this State and cities and counties of this State governing
sidewalk vending.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
thereto the provisions set forth as sections 2 to 10.5, inclusive, of
this act.
Sec. 2. The provisions of sections 2 to 10.5, inclusive, of this
act apply only to a county whose population is 100,000 or more.
Sec. 3. As used in sections 2 to 10.5, inclusive, of this act,
unless the context otherwise requires, “sidewalk vendor” means a
person who sells food upon a public sidewalk or other pedestrian
path from a conveyance, including, without limitation, a pushcart,
stand, display, pedal-driven cart, wagon, showcase or rack. The
term includes, without limitation, a nonstationary sidewalk vendor
and a stationary sidewalk vendor.
Secs. 4-6. (Deleted by amendment.)
– 3 –
- 82nd Session (2023)
Sec. 7. 1. A board of county commissioners may adopt an
ordinance regulating sidewalk vendors in accordance with the
requirements of sections 2 to 10.5, inclusive, of this act.
2. Except as otherwise provided in sections 2 to 10.5,
inclusive, of this act, a board of county commissioners shall not:
(a) Enact or enforce a complete prohibition on sidewalk
vendors.
(b) Impose a criminal penalty on the act of sidewalk vending
in a residential area.
3. A board of county commissioners that does not adopt an
ordinance that complies or substantially complies with sections 2
to 10.5, inclusive, of this act, shall not cite, fine or prosecute a
sidewalk vendor for a violation of any rule or regulation that is
inconsistent with the provisions of sections 2 to 10.5, inclusive, of
this act.
4. If a board of county commissioners adopts an ordinance
pursuant to this section, the board of county commissioners shall
post on its Internet website a map of the zones where a person may
engage in the act of sidewalk vending.
Sec. 7.5. 1. Except as otherwise provided in subsection 4, a
person shall not sell food, beverages or merchandise upon a public
sidewalk or pedestrian path from a conveyance, including, without
limitation, a pushcart, stand, display, pedal-driven cart, wagon,
showcase or rack, within 1,500 feet of:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least
20,000 people and is constructed to accommodate a major or
minor league sports team;
(c) A convention facility operated by a county fair and
recreation board; or
(d) A median of a highway, if the median is adjacent to a
parking lot.
2. For any violation of subsection 1, a board of county
commissioners may impose a criminal, civil or administrative
penalty in accordance with an ordinance adopted by the board of
county commissioners pursuant to section 7 of this act. The
maximum criminal penalty that may be specified in an ordinance
adopted pursuant to section 7 of this act is a misdemeanor. A
violation of subsection 1 or such an ordinance does not constitute
a crime of moral turpitude.
3. Nothing in this section authorizes a person to sell
merchandise 1,500 feet or more from:
(a) A resort hotel, as defined in NRS 463.01865;
– 4 –
- 82nd Session (2023)
(b) An event facility that has seating capacity for at least
20,000 people and is constructed to accommodate a major or
minor league sports team;
(c) A convention facility operated by a county fair and
recreation board; or
(d) A median of a highway that is adjacent to a parking lot.
4. A person may sell food, beverages or merchandise within
1,500 feet of a location described in subsection 1 if the conveyance
from which the person is selling food, beverages or merchandise is
located in an area which is zoned exclusively for residential use,
unless the area is on a public sidewalk or pedestrian path that is
immediately adjacent to a location described in subsection 1.
Sec. 8. An ordinance adopted by a board of county
commissioners regulating sidewalk vendors pursuant to section 7
of this act may require that a sidewalk vendor:
1. Hold:
(a) A permit or license for sidewalk vending;
(b) A state business license; and
(c) Any other licenses issued by a state or local governmental
agency to the extent otherwise required by law.
Nothing in this section shall be construed to authorize a
sidewalk vendor to not comply with any requirement to obtain a
state business license or other license issued by a state agency or
any permit or license issued by a local government, agency or
board of health to the extent otherwise required by law.
2. Submit information to the designated representative of the
county relating to his or her operations, including, without
limitation:
(a) The name and current mailing address of the sidewalk
vendor;
(b) If the sidewalk vendor is an agent of an individual,
company, partnership or corporation, the name and business
address of the principal office;
(c) A description of the food offered for sale; and
(d) A certification by the sidewalk vendor that, to the best of
his or her knowledge and belief, the information submitted
pursuant to this section is true.
Sec. 9. 1. In addition to the provisions of section 8 of this
act, an ordinance adopted by a board of county commissioners
that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner
of sidewalk vending if the requirements are objectively and
– 5 –
- 82nd Session (2023)
directly related to the health, safety or welfare concerns of the
public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk
vendor, which may not be more restrictive than any restriction
imposed by any applicable ordinance regulating noise or any
restriction on the hours of operation imposed on home-based
businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the
regulations adopted by a local board of health pursuant to section
25 of this act.
(II) Ensure compliance with the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a
farmers’ market licensed pursuant to NRS 244.337 during the
operating hours of the farmers’ market.
(2) Within the immediate vicinity of an area designated for
a temporary special event by the board of county commissioners,
provided that any notice or other right provided to affected
businesses or property owners during the temporary special event
is also provided to any sidewalk vendors permitted to operate in
the area, if applicable. A prohibition of sidewalk vendors pursuant
to this subparagraph must only be effective for the limited
duration of the temporary special event.
(3) Within a set distance established by the board of county
commissioners of:
(I) Except as otherwise provided in section 7.5 of this
act, an establishment that holds a nonrestricted gaming license
described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center,
polling place, religious institution or place of worship or park or
recreational facility owned by the county; or
(IV) A highly trafficked pedestrian mall, convention
center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary
sidewalk vendors from operating in such areas.
2. As used in this section:
(a) “Entertainment district” means a contiguous area located
within a county that:
(1) Is zoned for or customarily used for commercial
purposes; and
– 6 –
- 82nd Session (2023)
(2) Contains any number and combination of restaurants,
bars, entertainment establishments, music venues, theaters, art
galleries or studios, dance studios or athletic stadiums.
(b) “Pedestrian mall” has the meaning ascribed to it in
NRS 268.811.
Sec. 10. 1. In accordance with an ordinance adopted
pursuant to sections 2 to 10.5, inclusive, of this act, a board of
county commissioners or its designee may:
(a) Suspend or revoke any permit or license for sidewalk
vending for any violation of the ordinance or the terms or
conditions of the permit or license in the same manner as such
suspensions or revocations are imposed for other types of
businesses;
(b) Impose a civil penalty on the holder of a permit or license
for sidewalk vending that engages in sidewalk vending in a
prohibited residential area or for any violation of the terms or
conditions of the permit or license in accordance with the schedule
of civil penalties set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk
vending without holding a permit or license for sidewalk vending
required by the ordinance in accordance with the schedule of civil
penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or
consumption of any food or drink that violates any requirements
established by a local board of health pursuant to section 25 of
this act.
2. For any person who engages in sidewalk vending without
holding a permit or license for sidewalk vending or who engages
in sidewalk vending in a prohibited area, a board of county
commissioners or its designee may also take any other action
authorized under existing law to enforce any prohibition on
unlicensed business activities, including, without limitation, any
action authorized pursuant to section 7.5 of this act.
Sec. 10.5. The provisions of sections 2 to 10.5, inclusive, of
this act shall not be construed to:
1. Exempt a person from complying with any state or local
law or regulation;
2. Provide a defense to any criminal charge unrelated to the
act of sidewalk vending; or
3. Affect the rights of a private property owner to use or
authorize or limit the use of a sidewalk that is owned by the private
property owner, including, without limitation, a privately owned
sidewalk that is subject to an easement for public access.
– 7 –
- 82nd Session (2023)
Sec. 11. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsections 2, 3,
4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351
to 244.35359, inclusive, a board of county commissioners may:
(a) Except as otherwise provided in NRS 244.331 to 244.3345,
inclusive, 598D.150 and 640C.100, and sections 2 to 10.5,
inclusive, of this act, regulate all character of lawful trades, callings,
industries, occupations, professions and business conducted in its
county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359 and 576.128,
fix, impose and collect a license tax for revenue or for regulation, or
for both revenue and regulation, on such trades, callings, industries,
occupations, professions and business.
2. The county license boards have the exclusive power in their
respective counties to regulate entertainers employed by an
entertainment by referral service and the business of conducting a
dancing hall, escort service, entertainment by referral service or
gambling game or device permitted by law, outside of an
incorporated city. The county license boards may fix, impose and
collect license taxes for revenue or for regulation, or for both
revenue and regulation, on such employment and businesses.
3. A board of county commissioners shall not require that a
person who is licensed as a contractor pursuant to chapter 624 of
NRS obtain more than one license to engage in the business of
contracting or pay more than one license tax related to engaging in
the business of contracting, regardless of the number of
classifications or subclassifications of licensing for which the person
is licensed pursuant to chapter 624 of NRS.
4. The board of county commissioners or county license board
shall not require a person to obtain a license or pay a license tax on
the sole basis that the person is a professional. As used in this
subsection, “professional” means a person who:
(a) Holds a license, certificate, registration, permit or similar
type of authorization issued by a regulatory body as defined in NRS
622.060 or who is regulated pursuant to the Nevada Supreme Court
Rules; and
(b) Practices his or her profession for any type of compensation
as an employee.
5. The county license board shall provide upon request an
application for a state business license pursuant to chapter 76 of
NRS. No license to engage in any type of business may be granted
unless the applicant for the license:
– 8 –
- 82nd Session (2023)
(a) Signs an affidavit affirming that the business has complied
with the provisions of chapter 76 of NRS; or
(b) Provides to the county license board the business
identification number of the applicant assigned by the Secretary of
State pursuant to NRS 225.082 which the county may use to
validate that the applicant is currently in good standing with the
State and has complied with the provisions of chapter 76 of NRS.
6. No license to engage in business as a seller of tangible
personal property may be granted unless the applicant for the
license:
(a) Presents written evidence that:
(1) The Department of Taxation has issued or will issue a
permit for this activity, and this evidence clearly identifies the
business by name; or
(2) Another regulatory agency of the State has issued or will
issue a license required for this activity; or
(b) Provides to the county license board the business
identification number of the applicant assigned by the Secretary of
State pursuant to NRS 225.082 which the county may use to
validate that the applicant is currently in good standing with the
State and has complied with the provisions of paragraph (a).
7. Any license tax levied for the purposes of NRS 244.3358 or
244A.597 to 244A.655, inclusive, constitutes a lien upon the real
and personal property of the business upon which the tax was levied
until the tax is paid. The lien has the same priority as a lien for
general taxes. The lien must be enforced:
(a) By recording in the office of the county recorder, within 6
months after the date on which the tax became delinquent or was
otherwise determined to be due and owing, a notice of the tax lien
containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification;
and
(4) A verification by the oath of any member of the board of
county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same
manner as an action for foreclosure of any other lien, commenced
within 2 years after the date of recording of the notice of the tax
lien, and accompanied by appropriate notice to other lienholders.
8. The board of county commissioners may delegate the
authority to enforce liens from taxes levied for the purposes of NRS
244A.597 to 244A.655, inclusive, to the county fair and recreation
– 9 –
- 82nd Session (2023)
board. If the authority is so delegated, the board of county
commissioners shall revoke or suspend the license of a business
upon certification by the county fair and recreation board that the
license tax has become delinquent, and shall not reinstate the license
until the tax is paid. Except as otherwise provided in NRS 239.0115
and 244.3357, all information concerning license taxes levied by an
ordinance authorized by this section or other information concerning
the business affairs or operation of any licensee obtained as a result
of the payment of such license taxes or as the result of any audit or
examination of the books by any authorized employee of a county
fair and recreation board of the county for any license tax levied for
the purpose of NRS 244A.597 to 244A.655, inclusive, is
confidential and must not be disclosed by any member, officer or
employee of the county fair and recreation board or the county
imposing the license tax unless the disclosure is authorized by the
affirmative action of a majority of the members of the appropriate
county fair and recreation board. Continuing disclosure may be so
authorized under an agreement with the Department of Taxation or
Secretary of State for the exchange of information concerning
taxpayers.
9. Except as otherwise provided by regulations adopted by the
Cannabis Compliance Board pursuant to NRS 678B.645, a board of
county commissioners shall not license or otherwise allow a person
to operate a business that allows cannabis, as defined in NRS
678A.085, or cannabis products, as defined in NRS 678A.120, to be
consumed on the premises of the business, other than a cannabis
consumption lounge, as defined in NRS 678A.087, in accordance
with the provisions of chapter 678B of NRS.
Sec. 12. Chapter 225 of NRS is hereby amended by adding
thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. 1. The Task Force on Safe Sidewalk Vending is
hereby created within the Office of the Secretary of State.
2. The Task Force consists of the following nine members
appointed by the Secretary of State:
(a) A representative of a health district in a county whose
population is 100,000 or more;
(b) A representative employed by a county or city whose
primary duties are the performance of tasks related to business
licensing;
(c) A representative of the gaming or restaurant industries in
this State;
(d) A representative from a law enforcement agency in a
county whose population is 100,000 or more;
– 10 –
- 82nd Session (2023)
(e) A representative from the Office of the Secretary of State;
and
(f) Four members at large chosen by the Secretary of State,
with priority given to persons who are sidewalk vendors or are
affiliated with a community organization that represents and
affiliates with sidewalk vendors.
3. The members of the Task Force:
(a) Shall serve terms of 3 years. A member may be reappointed
to the Task Force and any vacancy must be filled in the same
manner as the original appointment.
(b) Serve without compensation.
4. A majority of the members of the Task Force constitutes a
quorum for the transaction of business, and a majority of these
members present at the meeting is sufficient for any official action
taken by the Task Force.
5. To support the activities of the Task Force, the Secretary of
State may establish an advisory board composed of representatives
of counties, cities and businesses, including, without limitation, a
member of a health department or health district.
6. The Task Force may apply for and accept any gift,
donation, bequest, grant or other source of money to carry out the
duties of the Task Force.
Sec. 14. 1. The Task Force on Safe Sidewalk Vending
created by section 13 of this act shall:
(a) Review the existing laws of this State, the cities and
counties in this State and those of other states and municipalities
relating to sidewalk vending; and
(b) Recommend approaches to improve the laws of this State
and the cities and counties of this State to:
(1) Legalize sidewalk vending;
(2) Simplify and standardize the laws governing sidewalk
vending;
(3) Remove unnecessary barriers to sidewalk vending;
(4) Protect the public health, safety and welfare by
ensuring sidewalk vendors follow clear and narrowly tailored laws
which address demonstrable health, safety and welfare risks; and
(5) Develop enforcement mechanisms, including, without
limitation, civil penalties for sidewalk vendors that operate in
authorized areas.
2. On or before September 1 of each even-numbered year, the
Task Force shall submit to the Director of the Legislative Counsel
Bureau for submission to the Legislative Commission a written
report. The report must include, without limitation, a summary of
– 11 –
- 82nd Session (2023)
the work of the Task Force and any recommendations for
legislation and regulations.
Sec. 15. Chapter 268 of NRS is hereby amended by adding
thereto the provisions set forth as sections 16 to 24.5, inclusive, of
this act.
Sec. 16. The provisions of sections 16 to 24.5, inclusive, of
this act apply only to a city in a county whose population is
100,000 or more.
Sec. 17. As used in sections 16 to 24.5, inclusive, of this act,
unless the context otherwise requires, “sidewalk vendor” means a
person who sells food upon a public sidewalk or other pedestrian
path from a conveyance, including, without limitation, a pushcart,
stand, display, pedal-driven cart, wagon, showcase or rack. The
term includes, without limitation, a nonstationary sidewalk vendor
and a stationary sidewalk vendor.
Secs. 18-20. (Deleted by amendment.)
Sec. 21. 1. A city council or other governing body of an
incorporated city may adopt an ordinance regulating sidewalk
vendors in accordance with the requirements of sections 16 to
24.5, inclusive, of this act.
2. Except as otherwise provided in sections 16 to 24.5,
inclusive, of this act, a city council or other governing body of an
incorporated city shall not:
(a) Enact or enforce a complete prohibition on sidewalk
vendors.
(b) Impose a criminal penalty on the act of sidewalk vending
in a residential area.
3. A city council or other governing body of an incorporated
city that does not adopt an ordinance that complies or
substantially complies with sections 16 to 24.5, inclusive, of this
act, shall not cite, fine or prosecute a sidewalk vendor for a
violation of any rule or regulation that is inconsistent with the
provisions of sections 16 to 24.5, inclusive, of this act.
4. If a city council or other governing body of an
incorporated city adopts an ordinance pursuant to this section, the
city council or other governing body shall post on its Internet
website a map of the zones where a person may engage in the act
of sidewalk vending.
Sec. 21.5. 1. Except as otherwise provided in subsection 4,
a person shall not sell food, beverages or merchandise upon a
public sidewalk or pedestrian path from a conveyance, including,
without limitation, a pushcart, stand, display, pedal-driven cart,
wagon, showcase or rack, within 1,500 feet of:
– 12 –
- 82nd Session (2023)
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least
20,000 people and is constructed to accommodate a major or
minor league sports team;
(c) A convention facility operated by a county fair and
recreation board; or
(d) A median of a highway, if the median is adjacent to a
parking lot.
2. For any violation of subsection 1, a city council or other
governing body of an incorporated city may impose a criminal,
civil or administrative penalty in accordance with an ordinance
adopted by the city council or other governing body of an
incorporated city pursuant to section 21 of this act. The maximum
criminal penalty that may be specified in an ordinance adopted
pursuant to section 21 of this act is a misdemeanor. A violation of
subsection 1 or such an ordinance does not constitute a crime of
moral turpitude.
3. Nothing in this section authorizes a person to sell
merchandise 1,500 feet or more from:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least
20,000 people and is constructed to accommodate a major or
minor league sports team;
(c) A convention facility operated by a county fair and
recreation board; or
(d) A median of a highway that is adjacent to a parking lot.
4. A person may sell food, beverages or merchandise within
1,500 feet of a location described in subsection 1 if the conveyance
from which the person is selling food, beverages or merchandise is
located in an area which is zoned exclusively for residential use,
unless the area is on a public sidewalk or pedestrian path that is
immediately adjacent to a location described in subsection 1.
Sec. 22. An ordinance adopted by a city council or other
governing body of an incorporated city regulating sidewalk
vendors pursuant to section 21 of this act may require that a
sidewalk vendor:
1. Hold:
(a) A permit or license for sidewalk vending;
(b) A state business license; and
(c) Any other licenses issued by a state or local governmental
agency to the extent otherwise required by law.
Nothing in this section shall be construed to authorize a
sidewalk vendor to not comply with any requirement to obtain a
– 13 –
- 82nd Session (2023)
state business license or other license issued by a state agency or
any permit or license issued by a local government, agency or
board of health to the extent otherwise required by law.
2. Submit information to the designated representative of the
city relating to his or her operations, including, without limitation:
(a) The name and current mailing address of the sidewalk
vendor;
(b) If the sidewalk vendor is an agent of an individual,
company, partnership or corporation, the name and business
address of the principal office;
(c) A description of the food offered for sale; and
(d) A certification by the sidewalk vendor that, to the best of
his or her knowledge and belief, the information submitted
pursuant to this section is true.
Sec. 23. 1. In addition to the provisions of section 22 of this
act, an ordinance adopted by a city council or other governing
body of an incorporated city that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner
of sidewalk vending if the requirements are objectively and
directly related to the health, safety or welfare concerns of the
public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk
vendor, which may not be more restrictive than any restriction
imposed by any applicable ordinance regulating noise or any
restriction on the hours of operation imposed on home-based
businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the
regulations adopted by a local board of health pursuant to section
25 of this act.
(II) Ensure compliance with the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a
farmers’ market licensed pursuant to NRS 268.092 during the
operating hours of the farmers’ market.
(2) Within the immediate vicinity of an area designated for
a temporary special event by the city council or other governing
body of an incorporated city, provided that any notice or other
right provided to affected businesses or property owners during
the temporary special event is also provided to any sidewalk
vendors permitted to operate in the area, if applicable. A
prohibition of sidewalk vendors pursuant to this subparagraph
– 14 –
- 82nd Session (2023)
must only be effective for the limited duration of the temporary
special event.
(3) Within a set distance established by the city council or
other governing body of an incorporated city of:
(I) Except as otherwise provided in section 21.5 of this
act, an establishment that holds a nonrestricted gaming license
described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center,
polling place, religious institution or place of worship or a park or
recreational facility owned by the city; or
(IV) A highly trafficked pedestrian mall, convention
center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary
sidewalk vendors from operating in such areas.
2. As used in this section:
(a) “Entertainment district” means a contiguous area located
within a city that:
(1) Is zoned for or customarily used for commercial
purposes; and
(2) Contains any number and combination of restaurants,
bars, entertainment establishments, music venues, theaters, art
galleries or studios, dance studios or athletic stadiums.
(b) “Pedestrian mall” has the meaning ascribed to it in
NRS 268.811.
Sec. 24. 1. In accordance with an ordinance adopted
pursuant to sections 16 to 24.5, inclusive, of this act, a city council
or other governing body of an incorporated city, or a designee of
the city council or other governing body, may:
(a) Suspend or revoke any permit or license for sidewalk
vending for any violation of the ordinance or the terms or
conditions of the permit or license in the same manner as such
suspensions or revocations are imposed for other types of
businesses;
(b) Impose a civil penalty on the holder of a permit or license
for sidewalk vending that engages in sidewalk vending in a
prohibited residential area or for any violation of the terms or
conditions of the permit or license in accordance with the schedule
of civil penalties set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk
vending without holding a permit or license for sidewalk vending
required by the ordinance in accordance with the schedule of civil
penalties set forth in the ordinance, if any; and
– 15 –
- 82nd Session (2023)
(d) Authorize any other action to prevent the sale or
consumption of any food or drink that violates any requirements
established by a local board of health pursuant to section 25 of
this act.
2. For any person who engages in sidewalk vending without
holding a permit or license for sidewalk vending or who engages
in sidewalk vending in a prohibited area, a city council or other
governing body of an incorporated city, or a designee of the city
council or other governing body, may also take any other action
authorized under existing law to enforce any prohibition on
unlicensed business activities, including, without limitation, any
action authorized pursuant to section 21.5 of this act.
Sec. 24.5. The provisions of sections 16 to 24.5, inclusive, of
this act, shall not be construed to:
1. Exempt a person from complying with any state or local
law or regulation;
2. Provide a defense to any criminal charge unrelated to the
act of sidewalk vending; or
3. Affect the rights of a private property owner to use or
authorize or limit the use of a sidewalk that is owned by the private
property owner, including, without limitation, a privately owned
sidewalk that is subject to an easement for public access.
Sec. 25. Chapter 446 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. A local board of health in a county whose population is
100,000 or more or a city in a county whose population is 100,000
or more shall adopt regulations pursuant to NRS 446.940
regulating sidewalk vendors of food which must, without
limitation:
(a) Establish a process for a person to apply to the local board
of health for a permit, license or other authorization to operate as
a sidewalk vendor;
(b) Provide for a person applying for a permit, license or other
authorization for sidewalk vending to pay any fees required by the
local board of health using a payment plan;
(c) Establish procedures for a person seeking to operate as a
sidewalk vendor who does not have a drivers’ license or
identification card issued by this State or another State, the
District of Columbia or any territory of the United States to obtain
any certification required by the local board of health as a food
handler; and
– 16 –
- 82nd Session (2023)
(d) Include any other regulation determined to be necessary by
the Task Force on Safe Sidewalk Vending pursuant to section 14
of this act.
2. As used in this section, “sidewalk vendor” means a person
who sells food upon a public sidewalk or other pedestrian path
from a conveyance, including, without limitation, a pushcart,
stand, display, pedal-driven cart, wagon, showcase or rack. The
term includes a nonstationary sidewalk vendor and a stationary
sidewalk vendor.
Sec. 26. Any ordinance, regulation or rule of a county or city
which conflicts with the provisions of this act is void and
unenforceable.
Sec. 26.5. Each local board of health in a county whose
population is 100,000 or more and local board of health of a city in a
county whose population is 100,000 or more shall adopt the
regulations required by section 25 of this act on or before
December 31, 2025.
Sec. 27. (Deleted by amendment.)
Sec. 27.5. The amendatory provisions of this section and
sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act are
not severable. If any provision of this section or sections 2 to 11,
inclusive, or 16 to 26.5, inclusive, of this act, or any application
thereof to any person, thing or circumstance is held invalid, the
other provisions of this section and sections 2 to 11, inclusive, and
16 to 26.5, inclusive, of this act become ineffective.
Sec. 28. The provisions of subsection 1 of NRS 218D.380 do
not apply to any provision of this act which adds or revises a
requirement to submit a report to the Legislature.
Sec. 29. 1. This section and sections 26.5 to 28, inclusive, of
this act become effective upon passage and approval.
2. Sections 12, 13 and 14 of this act become effective:
(a) Upon passage and approval for the purpose of appointing
members of the Task Force on Safe Sidewalk Vending and
performing any other preparatory administrative tasks that are
necessary to carry out the provisions of sections 12, 13 and 14 of
this act; and
(b) On January 1, 2024, for all other purposes.
3. Sections 7.5, 21.5 and 26 of this act become effective:
(a) Upon passage and approval for the purpose of performing
any preparatory administrative tasks that are necessary to carry out
the provisions of this act; and
(b) On October 15, 2023, for all other purposes.
– 17 –
- 82nd Session (2023)
4. Sections 1 to 7, inclusive, 8, 10, 11, 15 to 22, inclusive, 24,
24.5 and 25 of this act become effective on January 1, 2024.
5. Sections 9 and 23 of this act become effective:
(a) Upon passage and approval for the purpose of performing
any preparatory administrative tasks that are necessary to carry out
the provisions of this act; and
(b) On July 1, 2024, for all other purposes.
20 ~~~~~ 23