A.B. 180
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ASSEMBLY BILL NO. 180–ASSEMBLYMEMBER D’SILVA
PREFILED FEBRUARY 2, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to local governments.
(BDR 20-649)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to local governments; requiring certain boards of
county commissioners and the governing bodies of certain
incorporated cities, under certain circumstances, to enter
into an agreement to establish a multijurisdictional
business license for licensed sidewalk vendors or food
establishments operating as mobile units under certain
circumstances; revising the definition of the term
“sidewalk vendor”; revising certain requirements relating
to the regulation of sidewalk vendors; revising the
applicability of a multijurisdictional business license for
certain contractors; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes counties, cities and towns to issue business licenses and 1
permits to operate business within the limits of the county, city or town and to 2
collect taxes on those licenses. (NRS 244.335, 266.355, 268.095, 269.170) Existing 3
law also authorizes a board of county commissioners in a county whose population 4
is 100,000 or more (currently Clark and Washoe Counties) and the governing 5
bodies of cities within such counties to adopt ordinances regulating sidewalk 6
vendors. (NRS 244.35481, 244.35483, 268.097991, 268.097993) Section 2 of this 7
bill requires such a board of county commissioners that has adopted an ordinance 8
regulating sidewalk vendors and that requires a sidewalk vendor to hold a permit or 9
license to enter into an agreement with the city council or other governing body of 10
each incorporated city whose population is 60,000 or more located in such a county 11
(currently Sparks, North Las Vegas, Reno, Henderson and Las Vegas) for the 12
establishment of a multijurisdictional business license to allow a licensed sidewalk 13
vendor to engage in business in the county and each city. 14
Section 3 of this bill requires a board of county commissioners in each county 15
whose population is 100,000 or more (currently Clark and Washoe Counties) to 16
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enter into an agreement with the city council or other governing body of each 17
incorporated city whose population is 60,000 or more in such a county for the 18
establishment of a multijurisdictional business license to allow licensed food 19
establishments operating as mobile units to engage in business in the county and 20
each city. 21
Sections 2 and 3 also require such a board of county commissioners to enter 22
into similar agreements with the governing body of each incorporated city whose 23
population is less than 60,000 in a county whose population is 100,000 or more 24
(currently Boulder City and Mesquite) who chooses to enter into such an 25
agreement. Sections 2 and 3 further require such a board of county commissioners 26
to establish by ordinance a system for issuing the business license which sets forth 27
the requirements for obtaining the license and the fees for the issuance and renewal 28
of the license. 29
Section 13 of this bill requires a city council or other governing body of an 30
incorporated city whose population is 60,000 or more (currently Sparks, North Las 31
Vegas, Reno, Henderson and Las Vegas) in a county whose population is 100,000 32
or more that has adopted an ordinance regulating sidewalk vendors and that 33
requires sidewalk vendors to hold a permit or license to enter into an agreement 34
with the board of county commissioners of the county in which the city is located 35
for the establishment of a multijurisdictional business license to allow a licensed 36
sidewalk vendor to engage in business in the county and each city. 37
Section 14 of this bill requires a city council or other governing body of an 38
incorporated city whose population is 60,000 or more in such a county to enter into 39
an agreement with the board of county commissioners of the county in which the 40
city is located for the establishment of a multijurisdictional business license to 41
allow licensed food establishments operating as mobile units to engage in business 42
in the county and each city. 43
Sections 13 and 14 also require such a city council or other governing body to 44
enter into similar agreements with the governing body of each incorporated city 45
whose population is less than 60,000 (currently Boulder City and Mesquite) who 46
chooses to enter into such an agreement. Sections 13 and 14 further require such 47
city councils and governing bodies to establish by ordinance a system for issuing 48
the business license which sets forth the requirements for obtaining the license and 49
the fees for the issuance and renewal of the license. 50
Existing law requires the board of county commissioners in a county whose 51
population is 700,000 or more (currently only Clark County) and the governing 52
body of each incorporated city whose population is 150,000 or more located in such 53
a county (currently Henderson, Las Vegas and North Las Vegas) to enter into an 54
agreement for the establishment of a business license to allow a licensed contractor, 55
under certain circumstances, to engage in the business of contracting in the county 56
and cities. (NRS 244.33501, 268.0951) Sections 5 and 15 of this bill revise the 57
population classifications to require the board of county commissioners in each 58
county whose population is 100,000 or more (currently Clark and Washoe 59
Counties) to enter into: (1) an agreement with the governing body of each city 60
whose population is 60,000 or more located within such a county (currently Sparks, 61
North Las Vegas, Reno, Henderson and Las Vegas) for the establishment of such 62
business licenses; and (2) similar agreements with the governing body of each 63
incorporated city whose population is less than 60,000 (currently Boulder City and 64
Mesquite) who chooses to enter into such an agreement. 65
Under existing law, the definition of “sidewalk vendor” is “a person who sells 66
food upon a public sidewalk or other pedestrian path from a conveyance.” (NRS 67
244.35482, 268.097992) Sections 7 and 17 of this bill expand this definition to 68
include a person who sells merchandise upon a public sidewalk or other pedestrian 69
path from a conveyance. Sections 9 and 19 of this bill provide that an ordinance 70
regulating sidewalk vendors may require the sidewalk vendor to provide to the 71
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designated representative of the county or city a description of any merchandise the 72
sidewalk vendor offers for sale. 73
Sections 8 and 18 of this bill prohibit a board of county commissioners or 74
governing body of an incorporated city, respectively, from enacting an ordinance 75
which would prohibit, with certain exceptions, a sidewalk vendor from selling food 76
or merchandise in or adjacent to a park owned or operated by the county or city. 77
Sections 2, 3, 13, 14 and 22 of this bill provide that the information connected 78
with the issuance of a multijurisdictional business licenses for sidewalk vending is 79
confidential and is not a public record. 80
Section 4 of this bill provides that the provisions of sections 2 and 3 are an 81
exception to the authority of a board of county commissioners to regulate all 82
character of lawful trades, callings, industries, occupations, professions and 83
business conducted within the county. Sections 6 and 16 of this bill limit the 84
applicability of the provisions of sections 2 and 13 to a county whose population is 85
100,000 or more and a city located within such a county, respectively. Sections 10 86
and 20 of this bill authorize a governing body to take certain disciplinary action for 87
violations of sections 2 and 13. Sections 11 and 21 of this bill establish certain 88
limitations on the effect of sections 2 and 13. 89
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. A board of county commissioners that has 3
adopted an ordinance regulating sidewalk vendors pursuant to 4
NRS 244.35483 which requires a sidewalk vendor to hold a permit 5
or license for sidewalk vending, shall enter into an agreement in 6
accordance with the provisions of NRS 277.080 to 277.180, 7
inclusive, with the city council or other governing body of each 8
incorporated city whose population is 60,000 or more located 9
within the county and with the governing body of each 10
incorporated city located within the county whose population is 11
less than 60,000 who chooses to enter into such an agreement for 12
the establishment of a business license to authorize a person who 13
is permitted or licensed as a sidewalk vendor pursuant to this 14
section and NRS 244.35481 to 244.35488, inclusive, to engage in 15
the business of sidewalk vending within the county and each of 16
those cities. 17
2. The agreement required pursuant to subsection 1 must set 18
forth the purposes, powers, rights, obligations and responsibilities, 19
financial and otherwise, of the county and each city that enters 20
into the agreement. 21
3. Upon entering into the agreement required pursuant to 22
subsection 1, the board of county commissioners shall establish by 23
ordinance a system for issuing a business license that authorizes a 24
person who is permitted or licensed as a sidewalk vendor pursuant 25
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to this section and NRS 244.35481 to 244.35488, inclusive, to 1
engage in the business of sidewalk vending within the county and 2
each city that entered into the agreement pursuant to subsection 1 3
and in which the person intends to conduct business. 4
4. An ordinance adopted pursuant to subsection 3 must 5
include, without limitation: 6
(a) The requirements for obtaining the business license; 7
(b) The fees for issuance and renewal of the business license; 8
and 9
(c) Any other requirements necessary to establish the system 10
for issuing the business license. 11
5. A person who is required to hold a permit or license for 12
sidewalk vending pursuant to this section and NRS 244.35481 to 13
244.35488, inclusive, is eligible to obtain from the county a 14
business license that authorizes the person to engage in the 15
business of sidewalk vending within the county and each city 16
located in the county which enters into an agreement pursuant to 17
subsection 1 and in which the person intends to engage in the 18
business of sidewalk vending if the person meets the requirements 19
to obtain the license set forth in the ordinance adopted pursuant to 20
subsection 3. 21
6. A person who obtains a business license described in this 22
section is subject to: 23
(a) All requirements of the county or city in which the person 24
is doing business that are set forth in an ordinance regulating 25
sidewalk vendors adopted pursuant to NRS 244.35485 or 26
268.097993; and 27
(b) All other licensing and permitting requirements of the 28
State and any other counties and cities in which the person does 29
business. 30
7. Except as otherwise provided in this chapter and NRS 31
239.0115, all personal information connected to a business license 32
issued pursuant to this section is confidential and must not be 33
disclosed except as required to administer the system established 34
pursuant to subsection 3 or to comply with a state law or state or 35
federal court order. 36
Sec. 3. 1. The board of county commissioners in each 37
county whose population is 100,000 or more shall enter into an 38
agreement in accordance with the provisions of NRS 277.080 to 39
277.180, inclusive, with the city council or other governing body of 40
each incorporated city whose population is 60,000 or more located 41
within the county and with the city council or other governing 42
body of each incorporated city located within the county whose 43
population is less than 60,000 who chooses to enter into such an 44
agreement for the establishment of a business license to authorize 45
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a person who is both licensed as a food establishment and 1
operating as a mobile unit pursuant to chapter 446 of NRS to 2
engage in the business of operating as a mobile unit within the 3
county and each of those cities. 4
2. The agreement required pursuant to subsection 1 must set 5
forth the purposes, powers, rights, obligations and responsibilities, 6
financial and otherwise, of the county and each city that enters 7
into the agreement. 8
3. Upon entering into the agreement pursuant to subsection 9
1, the board of county commissioners shall establish by ordinance 10
a system for issuing such a business license that authorizes a 11
person who is both licensed as a food establishment and operating 12
as a mobile unit pursuant to chapter 446 of NRS to engage in that 13
business within the county and each city that entered into the 14
agreement pursuant to subsection 1 and in which the person 15
intends to conduct business. 16
4. An ordinance adopted pursuant to subsection 3 must 17
include, without limitation: 18
(a) The requirements for obtaining the business license; 19
(b) The fees for issuance and renewal of the business license; 20
and 21
(c) Any other requirements necessary to establish the system 22
for issuing the business license. 23
5. A person who is both licensed as a food establishment and 24
operating as a mobile unit pursuant to chapter 446 of NRS is 25
eligible to obtain from the county a business license that 26
authorizes the person to engage in that business within the county 27
and each city located in the county which enters into an 28
agreement pursuant to subsection 1 and in which the person 29
intends to conduct business if the person meets the requirements 30
for obtaining the business license set forth in the ordinance 31
adopted pursuant to subsection 3. 32
6. A person who obtains a business license described in this 33
section is subject to all other requirements of the county or city in 34
which the person is doing business and all other licensing and 35
permitting requirements of the State and any other counties and 36
cities in which the person does business. 37
7. Except as otherwise provided in this chapter and NRS 38
239.0115, all personal information connected to a business license 39
issued pursuant to this section is confidential and must not be 40
disclosed except as required to administer the licensure program 41
or comply with a state law or state or federal court order. 42
8. As used in this section: 43
(a) “Food establishment” has the meaning ascribed to it in 44
NRS 446.020. 45
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(b) “Mobile unit” means any vehicle operating from an 1
approved servicing area in which food, beverages, frozen desserts 2
or dairy products and mixes are prepared, processed or converted 3
for human consumption and which is used to sell and dispense 4
food and beverages to customers. The term does not include a 5
push cart or any similar operation. 6
Sec. 4. NRS 244.335 is hereby amended to read as follows: 7
244.335 1. Except as otherwise provided in subsections 2, 3, 8
4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 9
to 244.35359, inclusive, a board of county commissioners may: 10
(a) Except as otherwise provided in NRS 244.331 to 244.3345, 11
inclusive, 598D.150 and 640C.100, 244.35481 to 244.35488, 12
inclusive, and sections 2 and 3 of this act, regulate all character of 13
lawful trades, callings, industries, occupations, professions and 14
business conducted in its county outside of the limits of 15
incorporated cities and towns. 16
(b) Except as otherwise provided in NRS 244.3359 and 576.128, 17
fix, impose and collect a license tax for revenue or for regulation, or 18
for both revenue and regulation, on such trades, callings, industries, 19
occupations, professions and business. 20
2. The county license boards have the exclusive power in their 21
respective counties to regulate entertainers employed by an 22
entertainment by referral service and the business of conducting a 23
dancing hall, escort service, entertainment by referral service or 24
gambling game or device permitted by law, outside of an 25
incorporated city. The county license boards may fix, impose and 26
collect license taxes for revenue or for regulation, or for both 27
revenue and regulation, on such employment and businesses. 28
3. A board of county commissioners shall not require that a 29
person who is licensed as a contractor pursuant to chapter 624 of 30
NRS obtain more than one license to engage in the business of 31
contracting or pay more than one license tax related to engaging in 32
the business of contracting, regardless of the number of 33
classifications or subclassifications of licensing for which the person 34
is licensed pursuant to chapter 624 of NRS. 35
4. The board of county commissioners or county license board 36
shall not require a person to obtain a license or pay a license tax on 37
the sole basis that the person is a professional. As used in this 38
subsection, “professional” means a person who: 39
(a) Holds a license, certificate, registration, permit or similar 40
type of authorization issued by a regulatory body as defined in NRS 41
622.060 or who is regulated pursuant to the Nevada Supreme Court 42
Rules; and 43
(b) Practices his or her profession for any type of compensation 44
as an employee. 45
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5. The county license board shall provide upon request an 1
application for a state business license pursuant to chapter 76 of 2
NRS. No license to engage in any type of business may be granted 3
unless the applicant for the license: 4
(a) Signs an affidavit affirming that the business has complied 5
with the provisions of chapter 76 of NRS; or 6
(b) Provides to the county license board the business 7
identification number of the applicant assigned by the Secretary of 8
State pursuant to NRS 225.082 which the county may use to 9
validate that the applicant is currently in good standing with the 10
State and has complied with the provisions of chapter 76 of NRS. 11
6. No license to engage in business as a seller of tangible 12
personal property may be granted unless the applicant for the 13
license: 14
(a) Presents written evidence that: 15
(1) The Department of Taxation has issued or will issue a 16
permit for this activity, and this evidence clearly identifies the 17
business by name; or 18
(2) Another regulatory agency of the State has issued or will 19
issue a license required for this activity; or 20
(b) Provides to the county license board the business 21
identification number of the applicant assigned by the Secretary of 22
State pursuant to NRS 225.082 which the county may use to 23
validate that the applicant is currently in good standing with the 24
State and has complied with the provisions of paragraph (a). 25
7. Any license tax levied for the purposes of NRS 244.3358 or 26
244A.597 to 244A.655, inclusive, constitutes a lien upon the real 27
and personal property of the business upon which the tax was levied 28
until the tax is paid. The lien has the same priority as a lien for 29
general taxes. The lien must be enforced: 30
(a) By recording in the office of the county recorder, within 6 31
months after the date on which the tax became delinquent or was 32
otherwise determined to be due and owing, a notice of the tax lien 33
containing the following: 34
(1) The amount of tax due and the appropriate year; 35
(2) The name of the record owner of the property; 36
(3) A description of the property sufficient for identification; 37
and 38
(4) A verification by the oath of any member of the board of 39
county commissioners or the county fair and recreation board; and 40
(b) By an action for foreclosure against the property in the same 41
manner as an action for foreclosure of any other lien, commenced 42
within 2 years after the date of recording of the notice of the tax 43
lien, and accompanied by appropriate notice to other lienholders. 44
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8. The board of county commissioners may delegate the 1
authority to enforce liens from taxes levied for the purposes of NRS 2
244A.597 to 244A.655, inclusive, to the county fair and recreation 3
board. If the authority is so delegated, the board of county 4
commissioners shall revoke or suspend the license of a business 5
upon certification by the county fair and recreation board that the 6
license tax has become delinquent, and shall not reinstate the license 7
until the tax is paid. Except as otherwise provided in NRS 239.0115 8
and 244.3357, all information concerning license taxes levied by an 9
ordinance authorized by this section or other information concerning 10
the business affairs or operation of any licensee obtained as a result 11
of the payment of such license taxes or as the result of any audit or 12
examination of the books by any authorized employee of a county 13
fair and recreation board of the county for any license tax levied for 14
the purpose of NRS 244A.597 to 244A.655, inclusive, is 15
confidential and must not be disclosed by any member, officer or 16
employee of the county fair and recreation board or the county 17
imposing the license tax unless the disclosure is authorized by the 18
affirmative action of a majority of the members of the appropriate 19
county fair and recreation board. Continuing disclosure may be so 20
authorized under an agreement with the Department of Taxation or 21
Secretary of State for the exchange of information concerning 22
taxpayers. 23
9. Except as otherwise provided by regulations adopted by the 24
Cannabis Compliance Board pursuant to NRS 678B.645, a board of 25
county commissioners shall not license or otherwise allow a person 26
to operate a business that allows cannabis, as defined in NRS 27
678A.085, or cannabis products, as defined in NRS 678A.120, to be 28
consumed on the premises of the business, other than a cannabis 29
consumption lounge, as defined in NRS 678A.087, in accordance 30
with the provisions of chapter 678B of NRS. 31
Sec. 5. NRS 244.33501 is hereby amended to read as follows: 32
244.33501 1. The board of county commissioners in each 33
county whose population is [700,000] 100,000 or more shall enter 34
into an agreement in accordance with the provisions of NRS 35
277.080 to 277.180, inclusive, with the governing body of each city 36
whose population is [150,000] 60,000 or more located within the 37
county and with the governing body of each city located within the 38
county whose population is less than [150,000] 60,000 who chooses 39
to enter into such an agreement for the establishment of a business 40
license to authorize a person who is licensed as a contractor 41
pursuant to chapter 624 of NRS to engage in the business of 42
contracting within the county and each of those cities. 43
2. The agreement required pursuant to subsection 1 must set 44
forth the purposes, powers, rights, obligations and responsibilities, 45
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financial and otherwise, of the county and each city that enters into 1
the agreement. 2
3. Upon entering into the agreement required pursuant to 3
subsection 1, the board of county commissioners shall establish by 4
ordinance a system for issuing such a business license that 5
authorizes a person who is licensed as a contractor pursuant to 6
chapter 624 of NRS to engage in the business of contracting within 7
the county and each city that entered into the agreement pursuant to 8
subsection 1 and in which the person intends to conduct business. 9
4. An ordinance adopted pursuant to the provisions of 10
subsection 3 must include, without limitation: 11
(a) The requirements for obtaining the business license; 12
(b) The fees for the issuance and renewal of the business license; 13
and 14
(c) Any other requirements necessary to establish the system for 15
issuing the business license. 16
5. A person who is licensed as a contractor pursuant to chapter 17
624 of NRS is eligible to obtain from the county a business license 18
that authorizes the person to engage in the business of contracting 19
within the county and each city located in the county which enters 20
into an agreement pursuant to subsection 1 and in which the person 21
intends to conduct business if the person meets the requirements set 22
forth in the ordinance to qualify for the license and: 23
(a) The person maintains only one place of business within the 24
county and the place of business is located within the 25
unincorporated area of the county; 26
(b) The person maintains more than one place of business within 27
the county and each of those places of business is located within the 28
unincorporated area of the county; or 29
(c) The person does not maintain any place of business within 30
the county. 31
6. A person who obtains a business license described in this 32
section is subject to all other licensing and permitting requirements 33
of the State and any other counties and cities in which the person 34
does business. 35
Sec. 6. NRS 244.35481 is hereby amended to read as follows: 36
244.35481 The provisions of NRS 244.35481 to 244.35488, 37
inclusive, and section 2 of this act apply only to a county whose 38
population is 100,000 or more. 39
Sec. 7. NRS 244.35482 is hereby amended to read as follows: 40
244.35482 As used in NRS 244.35481 to 244.35488, inclusive, 41
and section 2 of this act, unless the context otherwise requires, 42
“sidewalk vendor” means a person who sells food or merchandise 43
upon a public sidewalk or other pedestrian path from a conveyance, 44
including, without limitation, a pushcart, stand, display, 45
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pedal-driven cart, wagon, showcase or rack. The term includes, 1
without limitation, a nonstationary sidewalk vendor and a stationary 2
sidewalk vendor. 3
Sec. 8. NRS 244.35483 is hereby amended to read as follows: 4
244.35483 1. A board of county commissioners may adopt an 5
ordinance regulating sidewalk vendors in accordance with the 6
requirements of NRS 244.35481 to 244.35488, inclusive [.] , and 7
section 2 of this act. 8
2. Except as otherwise provided in NRS 244.35481 to 9
244.35488, inclusive, and section 2 of this act, a board of county 10
commissioners shall not: 11
(a) Enact or enforce a complete prohibition on sidewalk 12
vendors. 13
(b) Impose a criminal penalty on the act of sidewalk vending in 14
a residential area. 15
(c) Enact or enforce an ordinance restricting a sidewalk 16
vendor from selling food or merchandise in or in any location 17
immediately adjacent to a park owned or operated by the county, 18
unless: 19
(1) The operator of the park has signed an agreement for 20
concessions that exclusively permits the sale of food or 21
merchandise by the concessionaire; or 22
(2) The restriction is objectively and directly related to the 23
health, safety and welfare concerns of the public. 24
3. A board of county commissioners that does not adopt an 25
ordinance that complies or substantially complies with NRS 26
244.35481 to 244.35488, inclusive, and section 2 of this act shall 27
not cite, fine or prosecute a sidewalk vendor for a violation of any 28
rule or regulation that is inconsistent with the provisions of NRS 29
244.35481 to 244.35488, inclusive [.] , and section 2 of this act. 30
4. If a board of county commissioners adopts an ordinance 31
pursuant to this section, the board of county commissioners shall 32
post on its Internet website a map of the zones where a person may 33
engage in the act of sidewalk vending. 34
Sec. 9. NRS 244.35485 is hereby amended to read as follows: 35
244.35485 An ordinance adopted by a board of county 36
commissioners regulating sidewalk vendors pursuant to NRS 37
244.35483 may require that a sidewalk vendor: 38
1. Hold: 39
(a) A permit or license for sidewalk vending; 40
(b) A state business license; and 41
(c) Any other licenses issued by a state or local governmental 42
agency to the extent otherwise required by law. 43
Nothing in this section shall be construed to authorize a sidewalk 44
vendor to not comply with any requirement to obtain a state 45
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business license or other license issued by a state agency or any 1
permit or license issued by a local government, agency or board of 2
health to the extent otherwise required by law. 3
2. Submit information to the designated representative of the 4
county relating to his or her operations, including, without 5
limitation: 6
(a) The name and current mailing address of the sidewalk 7
vendor; 8
(b) If the sidewalk vendor is an agent of an individual, company, 9
partnership or corporation, the name and business address of the 10
principal office; 11
(c) A description of the food or merchandise offered for sale; 12
and 13
(d) A certification by the sidewalk vendor that, to the best of his 14
or her knowledge and belief, the information submitted pursuant to 15
this section is true. 16
Sec. 10. NRS 244.35487 is hereby amended to read as 17
follows: 18
244.35487 1. In accordance with an ordinance adopted 19
pursuant to NRS 244.35481 to 244.35488, inclusive, and section 2 20
of this act, a board of county commissioners or its designee may: 21
(a) Suspend or revoke any permit or license for sidewalk 22
vending for any violation of the ordinance or the terms or conditions 23
of the permit or license in the same manner as such suspensions or 24
revocations are imposed for other types of businesses; 25
(b) Impose a civil penalty on the holder of a permit or license for 26
sidewalk vending that engages in sidewalk vending in a prohibited 27
residential area or for any violation of the terms or conditions of the 28
permit or license in accordance with the schedule of civil penalties 29
set forth in the ordinance, if any; 30
(c) Impose a civil penalty on a person who engages in sidewalk 31
vending without holding a permit or license for sidewalk vending 32
required by the ordinance in accordance with the schedule of civil 33
penalties set forth in the ordinance, if any; and 34
(d) Authorize any other action to prevent the sale or 35
consumption of any food or drink that violates any requirements 36
established by a local board of health pursuant to NRS 446.861. 37
2. For any person who engages in sidewalk vending without 38
holding a permit or license for sidewalk vending or who engages in 39
sidewalk vending in a prohibited area, a board of county 40
commissioners or its designee may also take any other action 41
authorized under existing law to enforce any prohibition on 42
unlicensed business activities, including, without limitation, any 43
action authorized pursuant to NRS 244.35484. 44
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Sec. 11. NRS 244.35488 is hereby amended to read as 1
follows: 2
244.35488 The provisions of NRS 244.35481 to 244.35488, 3
inclusive, and section 2 of this act shall not be construed to: 4
1. Exempt a person from complying with any state or local law 5
or regulation; 6
2. Provide a defense to any criminal charge unrelated to the act 7
of sidewalk vending; or 8
3. Affect the rights of a private property owner to use or 9
authorize or limit the use of a sidewalk that is owned by the private 10
property owner, including, without limitation, a privately owned 11
sidewalk that is subject to an easement for public access. 12
Sec. 12. Chapter 268 of NRS is hereby amended by adding 13
thereto the provisions set forth as sections 13 and 14 of this act. 14
Sec. 13. 1. A city council or other governing body of an 15
incorporated city whose population is 60,000 or more, that has 16
adopted an ordinance regulating sidewalk vendors pursuant to 17
NRS 268.097993 which requires a sidewalk vendor to hold a 18
permit or license for sidewalk vending shall enter into an 19
agreement in accordance with the provisions of NRS 277.080 to 20
277.180, inclusive, with the board of county commissioners of the 21
county in which the city is located, with the city council or other 22
governing body of every other incorporated city located within the 23
county whose population is 60,000 or more and with the city 24
council or other governing body of each incorporated city located 25
within the county whose population is less than 60,000 who 26
chooses to enter into such an agreement for the establishment of a 27
business license to authorize a person who is permitted or licensed 28
as a sidewalk vendor pursuant to this section and NRS 268.097991 29
to 268.097998, inclusive, to engage in the business of sidewalk 30
vending within the county and each of those cities. 31
2. The agreement required pursuant to subsection 1 must set 32
forth the purposes, powers, rights, obligations and responsibilities, 33
financial or otherwise, of the county and each city that enters into 34
the agreement. 35
3. Upon entering into the agreement required pursuant to 36
subsection 1, the city council or other governing body of the 37
incorporated city shall establish by ordinance a system for issuing 38
a business license that authorizes a person who is permitted or 39
licensed as a sidewalk vendor pursuant to this section and NRS 40
268.097991 to 268.097998, inclusive, to engage in the business of 41
sidewalk vending within the county and each city that entered into 42
the agreement pursuant to subsection 1 and in which the person 43
intends to conduct business. 44
– 13 –
- *AB180*
4. An ordinance adopted pursuant to subsection 3 must 1
include, without limitation: 2
(a) The requirements for obtaining the business license; 3
(b) The fees for the issuance and renewal of the business 4
license; and 5
(c) Any other requirements necessary to establish the system 6
for issuing the business license. 7
5. A person who is required to hold a permit or license for 8
sidewalk vending pursuant to this section and NRS 268.097991 to 9
268.097998, inclusive, is eligible to obtain from the city a business 10
license that authorizes the person to engage in the business of 11
sidewalk vending within the county and each city located in the 12
county which enters into an agreement pursuant to subsection 1 13
and in which the person intends to engage in the business of 14
sidewalk vending if the person meets the requirements to obtain 15
the license set forth in the ordinance adopted pursuant to 16
subsection 3. 17
6. A person who obtains a business license described in this 18
section is subject to: 19
(a) All requirements of the county or city in which the person 20
is doing business that are set forth in an ordinance regulating 21
sidewalk vendors adopted pursuant to NRS 244.35485 or 22
268.097993; and 23
(b) All other licensing and permitting requirements of the 24
State and any other counties and cities in which the person does 25
business. 26
7. Except as otherwise provided in this chapter and NRS 27
239.0115, all personal information connected to a business license 28
issued pursuant to this section is confidential and must not be 29
disclosed except as required to administer the system established 30
pursuant to subsection 3 or to comply with a state law or state or 31
federal court order. 32
Sec. 14. 1. A city council or other governing body of an 33
incorporated city whose population is 60,000 or more shall enter 34
into an agreement in accordance with the provisions of NRS 35
277.080 to 277.180, inclusive, with the board of county 36
commissioners of the county in which the city is located, and with 37
the city council or other governing body of each incorporated city 38
located within the county whose population is less than 60,000 39
who chooses to enter into such an agreement for the establishment 40
of a business license to authorize a person who is both licensed as 41
a food establishment and operating as a mobile unit pursuant to 42
chapter 446 of NRS to engage in the business of operating as a 43
mobile unit within the county and each of those cities. 44
– 14 –
- *AB180*
2. The agreement required pursuant to subsection 1 must set 1
forth the purposes, powers, rights, obligations and responsibilities, 2
financial and otherwise, of the county and each city that enters 3
into the agreement. 4
3. Upon entering into the agreement pursuant to subsection 5
1, the city council or other governing body of the incorporated city 6
shall establish by ordinance a system for issuing such a business 7
license that authorizes a person who is both licensed as a food 8
establishment and operating as a mobile unit pursuant to chapter 9
446 of NRS to engage in that business within the county and each 10
city that entered into the agreement pursuant to subsection 1 and 11
in which the person intends to conduct business. 12
4. An ordinance adopted pursuant to subsection 3 must 13
include, without limitation: 14
(a) The requirements for obtaining the business license; 15
(b) The fees for issuance and renewal of the business license; 16
and 17
(c) Any other requirements necessary to establish the system 18
for issuing the business license. 19
5. A person who is both licensed as a food establishment and 20
operating as a mobile unit pursuant to chapter 446 of NRS is 21
eligible to obtain from the city a business license that authorizes 22
the person to engage in that business within the county and each 23
city located in the county which enters into an agreement pursuant 24
to subsection 1 and in which the person intends to conduct 25
business if the person meets the requirements for obtaining the 26
business license set forth in the ordinance adopted pursuant to 27
subsection 3. 28
6. A person who obtains a business license described in this 29
section is subject to all other requirements of the county or city in 30
which the person is doing business and all other licensing and 31
permitting requirements of the State and any other counties and 32
cities which the person does business. 33
7. Except as otherwise provided in this chapter and NRS 34
239.0115, all personal information connected to a business license 35
issued pursuant to this section is confidential and must not be 36
disclosed except as required to administer the licensure program 37
or comply with a state law or state or federal court order. 38
8. As used in this section: 39
(a) “Food establishment” has the meaning ascribed to it in 40
NRS 446.020. 41
(b) “Mobile unit” means any vehicle operating from an 42
approved servicing area in which food, beverages, frozen desserts 43
or dairy products and mixes are prepared, processed or converted 44
for human consumption and which is used to sell and dispense 45
– 15 –
- *AB180*
food and beverages to customers. The term does not include a 1
push cart or any similar operation. 2
Sec. 15. NRS 268.0951 is hereby amended to read as follows: 3
268.0951 1. The governing body of each incorporated city 4
whose population is [150,000] 60,000 or more and which is located 5
in a county whose population is [700,000] 100,000 or more, whether 6
organized under general law or special charter, shall enter into an 7
agreement in accordance with the provisions of NRS 277.080 to 8
277.180, inclusive, with the board of county commissioners of the 9
county in which the city is located, with the governing body of 10
every other city located within the county whose population is 11
[150,000] 60,000 or more and with the governing body of each city 12
located within the county whose population is less than [150,000] 13
60,000 who chooses to enter into such an agreement for the 14
establishment of a business license to authorize a person who is 15
licensed as a contractor pursuant to chapter 624 of NRS to engage in 16
the business of contracting within the county and each of those 17
cities. 18
2. The agreement required pursuant to subsection 1 must set 19
forth the purposes, powers, rights, obligations and responsibilities, 20
financial and otherwise, of the county and each city that enters into 21
the agreement. 22
3. Upon entering into the agreement required pursuant to 23
subsection 1, the governing body of the city shall establish by 24
ordinance a system for issuing such a business license that 25
authorizes a person who is licensed as a contractor pursuant to 26
chapter 624 of NRS to engage in the business of contracting within 27
the county and cities that entered into the agreement pursuant to 28
subsection 1 and in which the person intends to conduct business. 29
4. An ordinance adopted pursuant to the provisions of 30
subsection 3 must include, without limitation: 31
(a) The requirements for obtaining the business license; 32
(b) The fees for the issuance and renewal of the business license; 33
and 34
(c) Any other requirements necessary to establish the system for 35
issuing the business license. 36
5. A person who is licensed as a contractor pursuant to chapter 37
624 of NRS is eligible to obtain from the city a business license that 38
authorizes the person to engage in the business of contracting within 39
the county and each city located in the county which enters into an 40
agreement pursuant to subsection 1 and in which the person intends 41
to conduct business if the person meets the requirements set forth in 42
the ordinance to qualify for the license and: 43
– 16 –
- *AB180*
(a) The person maintains only one place of business within the 1
county and the place of business is located within the jurisdiction of 2
the city; 3
(b) The person maintains more than one place of business within 4
the county and each of those places of business is located within the 5
jurisdiction of the city; or 6
(c) The person does not maintain any place of business within 7
the county. 8
6. A person who obtains a business license described in this 9
section is subject to all other licensing and permitting requirements 10
of the State and any other counties and cities in which the person 11
does business. 12
Sec. 16. NRS 268.097991 is hereby amended to read as 13
follows: 14
268.097991 The provisions of NRS 268.097991 to 15
268.097998, inclusive, and section 13 of this act apply only to a 16
city in a county whose population is 100,000 or more. 17
Sec. 17. NRS 268.097992 is hereby amended to read as 18
follows: 19
268.097992 As used in NRS 268.097991 to 268.097998, 20
inclusive, and section 13 of this act, unless the context otherwise 21
requires, “sidewalk vendor” means a person who sells food or 22
merchandise upon a public sidewalk or other pedestrian path from a 23
conveyance, including, without limitation, a pushcart, stand, display, 24
pedal-driven cart, wagon, showcase or rack. The term includes, 25
without limitation, a nonstationary sidewalk vendor and a stationary 26
sidewalk vendor. 27
Sec. 18. NRS 268.097993 is hereby amended to read as 28
follows: 29
268.097993 1. A city council or other governing body of an 30
incorporated city may adopt an ordinance regulating sidewalk 31
vendors in accordance with the requirements of NRS 268.097991 to 32
268.097998, inclusive [.] , and section 13 of this act. 33
2. Except as otherwise provided in NRS 268.097991 to 34
268.097998, inclusive, and section 13 of this act, a city council or 35
other governing body of an incorporated city shall not: 36
(a) Enact or enforce a complete prohibition on sidewalk 37
vendors. 38
(b) Impose a criminal penalty on the act of sidewalk vending in 39
a residential area. 40
(c) Enact or enforce an ordinance restricting a sidewalk 41
vendor from selling food or merchandise in or in any location 42
immediately adjacent to a park owned or operated by the city, 43
unless: 44
– 17 –
- *AB180*
(1) The operator of the park has signed an agreement for 1
concessions that exclusively permits the sale of food or 2
merchandise by the concessionaire; or 3
(2) The restriction is objectively and directly related to the 4
health safety and welfare concerns of the public. 5
3. A city council or other governing body of an incorporated 6
city that does not adopt an ordinance that complies or substantially 7
complies with NRS 268.097991 to 268.097998, inclusive, and 8
section 13 of this act shall not cite, fine or prosecute a sidewalk 9
vendor for a violation of any rule or regulation that is inconsistent 10
with the provisions of NRS 268.097991 to 268.097998, inclusive [.] 11
, and section 13 of this act. 12
4. If a city council or other governing body of an incorporated 13
city adopts an ordinance pursuant to this section, the city council or 14
other governing body shall post on its Internet website a map of the 15
zones where a person may engage in the act of sidewalk vending. 16
Sec. 19. NRS 268.097995 is hereby amended to read as 17
follows: 18
268.097995 An ordinance adopted by a city council or other 19
governing body of an incorporated city regulating sidewalk vendors 20
pursuant to NRS 268.097993 may require that a sidewalk vendor: 21
1. Hold: 22
(a) A permit or license for sidewalk vending; 23
(b) A state business license; and 24
(c) Any other licenses issued by a state or local governmental 25
agency to the extent otherwise required by law. 26
Nothing in this section shall be construed to authorize a sidewalk 27
vendor to not comply with any requirement to obtain a state 28
business license or other license issued by a state agency or any 29
permit or license issued by a local government, agency or board of 30
health to the extent otherwise required by law. 31
2. Submit information to the designated representative of the 32
city relating to his or her operations, including, without limitation: 33
(a) The name and current mailing address of the sidewalk 34
vendor; 35
(b) If the sidewalk vendor is an agent of an individual, company, 36
partnership or corporation, the name and business address of the 37
principal office; 38
(c) A description of the food or merchandise offered for sale; 39
and 40
(d) A certification by the sidewalk vendor that, to the best of his 41
or her knowledge and belief, the information submitted pursuant to 42
this section is true. 43
Sec. 20. NRS 268.097997 is hereby amended to read as 44
follows: 45
– 18 –
- *AB180*
268.097997 1. In accordance with an ordinance adopted 1
pursuant to NRS 268.097991 to 268.097998, inclusive, and section 2
13 of this act, a city council or other governing body of an 3
incorporated city, or a designee of the city council or other 4
governing body, may: 5
(a) Suspend or revoke any permit or license for sidewalk 6
vending for any violation of the ordinance or the terms or conditions 7
of the permit or license in the same manner as such suspensions or 8
revocations are imposed for other types of businesses; 9
(b) Impose a civil penalty on the holder of a permit or license for 10
sidewalk vending that engages in sidewalk vending in a prohibited 11
residential area or for any violation of the terms or conditions of the 12
permit or license in accordance with the schedule of civil penalties 13
set forth in the ordinance, if any; 14
(c) Impose a civil penalty on a person who engages in sidewalk 15
vending without holding a permit or license for sidewalk vending 16
required by the ordinance in accordance with the schedule of civil 17
penalties set forth in the ordinance, if any; and 18
(d) Authorize any other action to prevent the sale or 19
consumption of any food or drink that violates any requirements 20
established by a local board of health pursuant to NRS 446.861. 21
2. For any person who engages in sidewalk vending without 22
holding a permit or license for sidewalk vending or who engages in 23
sidewalk vending in a prohibited area, a city council or other 24
governing body of an incorporated city, or a designee of the city 25
council or other governing body, may also take any other action 26
authorized under existing law to enforce any prohibition on 27
unlicensed business activities, including, without limitation, any 28
action authorized pursuant to NRS 268.097994. 29
Sec. 21. NRS 268.097998 is hereby amended to read as 30
follows: 31
268.097998 The provisions of NRS 268.097991 to 32
268.097998, inclusive, and section 13 of this act shall not be 33
construed to: 34
1. Exempt a person from complying with any state or local law 35
or regulation; 36
2. Provide a defense to any criminal charge unrelated to the act 37
of sidewalk vending; or 38
3. Affect the rights of a private property owner to use or 39
authorize or limit the use of a sidewalk that is owned by the private 40
property owner, including, without limitation, a privately owned 41
sidewalk that is subject to an easement for public access. 42
Sec. 22. NRS 239.010 is hereby amended to read as follows: 43
239.010 1. Except as otherwise provided in this section and 44
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 45
– 19 –
- *AB180*
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 1
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 2
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 3
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 4
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 5
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 6
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 7
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 8
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 9
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 10
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 11
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 12
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 13
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 14
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 15
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 16
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 17
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 18
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 19
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 20
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 21
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 22
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 23
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 24
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 25
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 26
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 27
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 28
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 29
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 30
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 31
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 32
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 33
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 34
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 35
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 36
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 37
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 38
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 39
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 40
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 41
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 42
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 43
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 44
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 45
– 20 –
- *AB180*
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 1
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 2
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 3
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 4
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 5
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 6
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 7
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 8
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 9
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 10
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 11
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 12
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 13
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 14
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 15
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 16
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 17
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 18
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 19
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 20
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 21
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 22
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 23
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 24
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 25
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 26
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 27
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 28
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 29
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 30
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 31
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 32
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 33
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 34
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 35
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 36
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 37
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 38
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 39
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 40
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 41
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 42
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 43
711.600, and sections 2, 3, 13 and 14 of this act, sections 35, 38 44
and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of 45
– 21 –
- *AB180*
chapter 391, Statutes of Nevada 2013 and unless otherwise declared 1
by law to be confidential, all public books and public records of a 2
governmental entity must be open at all times during office hours to 3
inspection by any person, and may be fully copied or an abstract or 4
memorandum may be prepared from those public books and public 5
records. Any such copies, abstracts or memoranda may be used to 6
supply the general public with copies, abstracts or memoranda of the 7
records or may be used in any other way to the advantage of the 8
governmental entity or of the general public. This section does not 9
supersede or in any manner affect the federal laws governing 10
copyrights or enlarge, diminish or affect in any other manner the 11
rights of a person in any written book or record which is 12
copyrighted pursuant to federal law. 13
2. A governmental entity may not reject a book or record 14
which is copyrighted solely because it is copyrighted. 15
3. A governmental entity that has legal custody or control of a 16
public book or record shall not deny a request made pursuant to 17
subsection 1 to inspect or copy or receive a copy of a public book or 18
record on the basis that the requested public book or record contains 19
information that is confidential if the governmental entity can 20
redact, delete, conceal or separate, including, without limitation, 21
electronically, the confidential information from the information 22
included in the public book or record that is not otherwise 23
confidential. 24
4. If requested, a governmental entity shall provide a copy of a 25
public record in an electronic format by means of an electronic 26
medium. Nothing in this subsection requires a governmental entity 27
to provide a copy of a public record in an electronic format or by 28
means of an electronic medium if: 29
(a) The public record: 30
(1) Was not created or prepared in an electronic format; and 31
(2) Is not available in an electronic format; or 32
(b) Providing the public record in an electronic format or by 33
means of an electronic medium would: 34
(1) Give access to proprietary software; or 35
(2) Require the production of information that is confidential 36
and that cannot be redacted, deleted, concealed or separated from 37
information that is not otherwise confidential. 38
5. An officer, employee or agent of a governmental entity who 39
has legal custody or control of a public record: 40
(a) Shall not refuse to provide a copy of that public record in the 41
medium that is requested because the officer, employee or agent has 42
already prepared or would prefer to provide the copy in a different 43
medium. 44
– 22 –
- *AB180*
(b) Except as otherwise provided in NRS 239.030, shall, upon 1
request, prepare the copy of the public record and shall not require 2
the person who has requested the copy to prepare the copy himself 3
or herself. 4
H