A.B. 116
- *AB116*
ASSEMBLY BILL NO. 116–ASSEMBLYMEMBER TORRES-FOSSETT
PREFILED JANUARY 23, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to food delivery service
platform providers. (BDR 52-898)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to trade practices; prohibiting a food delivery
service platform provider from facilitating an online food
order involving a food dispensing establishment unless
the operator of the food dispensing establishment has
obtained the required permit to operate the food
dispensing establishment issued by the health authority;
providing penalties; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements and restrictions concerning food 1
delivery service platforms, which existing law defines to mean an Internet website, 2
online service or mobile application which allows users to purchase food from 3
multiple food dispensing establishments and arrange for the same-day delivery or 4
same-day pickup of such food. (NRS 597.7625-597.7642) Existing law designates a 5
person who operates such a platform as a food delivery service platform provider. 6
(NRS 597.7628) Existing law defines “food dispensing establishment” to mean, in 7
general, a food establishment that prepares and serves food intended for immediate 8
consumption. (NRS 597.7629) Existing law prohibits, with certain exceptions, a 9
person from operating a food establishment unless the person possess a valid permit 10
issued to the person by the health authority. (NRS 446.870) 11
Under existing law, a food delivery service platform provider is prohibited 12
from facilitating an online food order involving a food dispensing establishment, 13
including, without limitation, arranging for the same-day delivery or same-day 14
pickup of food prepared by a food dispensing establishment, unless the food 15
delivery service platform provider has entered into a written agreement with the 16
food dispensing establishment authorizing such activities. (NRS 597.7635) 17
Although no penalty is specifically provided for violating that prohibition, existing 18
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- *AB116*
law provides that whenever the performance of any act is prohibited by any statute, 19
and no penalty for the violation of such statute is imposed, a person who commits 20
that act is guilty of a misdemeanor. (NRS 193.151) 21
This bill prohibits a food delivery service platform provider from facilitating an 22
online food order involving a food dispensing establishment unless the operator of 23
the food dispensing establishment has obtained the required permit to operate the 24
food dispensing establishment issued by the health authority. This bill specifically 25
provides that a food delivery service platform provider who violates that 26
prohibition or the prohibition against facilitating an online food order without the 27
written agreement with the food dispensing establishment required under existing 28
law is guilty of a misdemeanor. 29
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 597.7635 is hereby amended to read as 1
follows: 2
597.7635 1. A food delivery service platform provider shall 3
not facilitate an online food order involving a food dispensing 4
establishment, including, without limitation, arranging for the same-5
day delivery or same-day pickup of food prepared by a food 6
dispensing establishment, unless [the] : 7
(a) The operator of the food dispensing establishment has 8
obtained a permit to operate the food dispensing establishment 9
issued pursuant to NRS 446.875; and 10
(b) The food delivery service platform provider has entered into 11
a written agreement with the food dispensing establishment that 12
expressly authorizes the food delivery service platform provider to 13
engage in such activities. 14
2. A food delivery service platform provider who violates the 15
provisions of subsection 1 is guilty of a misdemeanor. 16
H