(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT S.B. 169
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SENATE BILL NO. 169–SENATORS DOÑATE;
BUCK AND STEINBECK
PREFILED FEBRUARY 3, 2025
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Referred to Committee on Commerce and Labor
SUMMARY—Prohibits a third-party reservation service platform
provider from engaging in certain activities.
(BDR 52-627)
FISCAL NOTE: Effect on Local Government: No.
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 third-party
reservation service platform provider from engaging in
certain activities; providing penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Section 1 of this bill enacts certain provisions relating to a third-party 1
reservation service platform, which section 1 defines to mean, with certain 2
exceptions, an Internet website, online service or mobile application which offers or 3
arranges for a reservation, appointment or booking for a customer at an 4
establishment and which is owned and operated by a person other than the person 5
who owns the establishment. Section 1 also defines “third-party reservation service 6
platform provider” to mean a person who operates a third-party reservation service 7
platform. 8
Section 1 prohibits a third-party reservation service platform provider from 9
listing, advertising, promoting or selling a reservation, appointment or booking for 10
a customer at any establishment through the third-party reservation service platform 11
of the provider unless the provider has entered into a written agreement with the 12
establishment or a designee of the establishment that expressly authorizes the 13
provider to engage in such activities. Section 1 makes it a deceptive trade practice 14
for a third-party reservation service platform provider to violate that prohibition. 15
Sections 1 and 2 of this bill provide that a person who violates the provisions of 16
section 1 is not subject to any criminal penalty set forth in existing law for 17
engaging in a deceptive trade practice, meaning such a person is subject only to the 18
various civil enforcement measures, including civil penalties, set forth in existing 19
law for engaging in a deceptive trade practice. 20
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 597 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A third-party reservation service platform provider shall 3
not list, advertise, promote or sell a reservation, appointment or 4
booking for a customer at any establishment through the third-5
party reservation service platform of the provider unless the 6
provider has entered into a written agreement with either the 7
establishment or a designee of the establishment that expressly 8
authorizes the provider to engage in such activities. 9
2. Except as otherwise provided in subsection 3, a violation of 10
the provisions of subsection 1 constitutes a deceptive trade practice 11
for the purposes of NRS 598.0903 to 598.0999, inclusive, and each 12
day’s continuance of the violation constitutes a separate and 13
distinct violation. 14
3. A person who violates the provisions of subsection 1 is not 15
subject to any criminal penalty set forth in subsection 3 of 16
NRS 598.0999. 17
4. As used in this section: 18
(a) “Establishment” means a person or entity that offers goods 19
or services, whether public or private, and relies on scheduled 20
reservations, appointments or bookings in the provision of such 21
goods or services. 22
(b) “Third-party reservation service platform”: 23
(1) Means an Internet website, online service or mobile 24
application which offers or arranges a reservation, appointment or 25
booking for a customer at an establishment and which is owned 26
and operated by a person other than the person who owns the 27
establishment. 28
(2) Does not include a person or entity which arranges, at 29
the request of a customer and at no charge to the customer, a 30
reservation, appointment or booking for the customer at an 31
establishment if the reservation, appointment or booking is 32
personal to the customer and nontransferable, and the person or 33
entity: 34
(I) Shares the contact information of the customer with 35
the establishment; 36
(II) Authorizes the establishment to confirm the 37
reservation, appointment or booking with the customer; and 38
(III) Honors any request from an establishment to opt 39
out of any future reservations, appointments or bookings arranged 40
by the person or entity. 41
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(c) “Third-party reservation service platform provider” or 1
“provider” means a person who operates a third-party reservation 2
service platform. 3
Sec. 2. NRS 598.0999 is hereby amended to read as follows: 4
598.0999 1. Except as otherwise provided in NRS 598.0974, 5
a person who violates a court order or injunction issued pursuant to 6
the provisions of NRS 598.0903 to 598.0999, inclusive, upon a 7
complaint brought by the Commissioner, the Director, the district 8
attorney of any county of this State or the Attorney General shall 9
forfeit and pay to the State General Fund a civil penalty of not more 10
than $10,000 for each violation. For the purpose of this section, the 11
court issuing the order or injunction retains jurisdiction over the 12
action or proceeding. Such civil penalties are in addition to any 13
other penalty or remedy available for the enforcement of the 14
provisions of NRS 598.0903 to 598.0999, inclusive. 15
2. Except as otherwise provided in NRS 598.0974, in any 16
action brought pursuant to the provisions of NRS 598.0903 to 17
598.0999, inclusive, if the court finds that a person has willfully 18
engaged in a deceptive trade practice, the Commissioner, the 19
Director, the district attorney of any county in this State or the 20
Attorney General bringing the action may recover a civil penalty not 21
to exceed $15,000 for each violation. The court in any such action 22
may, in addition to any other relief or reimbursement, award 23
reasonable attorney’s fees and costs. 24
3. [A] Except as otherwise provided in section 1 of this act, a 25
natural person, firm, or any officer or managing agent of any 26
corporation or association who knowingly and willfully engages in a 27
deceptive trade practice: 28
(a) For an offense involving a loss of property or services valued 29
at $1,200 or more but less than $5,000, is guilty of a category D 30
felony and shall be punished as provided in NRS 193.130. 31
(b) For an offense involving a loss of property or services 32
valued at $5,000 or more but less than $25,000, is guilty of a 33
category C felony and shall be punished as provided in NRS 34
193.130. 35
(c) For an offense involving a loss of property or services valued 36
at $25,000 or more but less than $100,000, is guilty of a category B 37
felony and shall be punished by imprisonment in the state prison for 38
a minimum term of not less than 1 year and a maximum term of not 39
more than 10 years, and by a fine of not more than $10,000. 40
(d) For an offense involving a loss of property or services 41
valued at $100,000 or more, is guilty of a category B felony and 42
shall be punished by imprisonment in the state prison for a 43
minimum term of not less than 1 year and a maximum term of not 44
more than 20 years, and by a fine of not more than $15,000. 45
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(e) For any offense other than an offense described in 1
paragraphs (a) to (d), inclusive, is guilty of a misdemeanor. 2
The court may require the natural person, firm, or officer or 3
managing agent of the corporation or association to pay to the 4
aggrieved party damages on all profits derived from the knowing 5
and willful engagement in a deceptive trade practice and treble 6
damages on all damages suffered by reason of the deceptive trade 7
practice. 8
4. If a person violates any provision of NRS 598.0903 to 9
598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 10
598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 11
598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to 12
comply with a judgment or order of any court in this State 13
concerning a violation of such a provision, or fails to comply with 14
an assurance of discontinuance or other agreement concerning an 15
alleged violation of such a provision, the Commissioner or the 16
district attorney of any county may bring an action in the name of 17
the State of Nevada seeking: 18
(a) The suspension of the person’s privilege to conduct business 19
within this State; or 20
(b) If the defendant is a corporation, dissolution of the 21
corporation. 22
The court may grant or deny the relief sought or may order other 23
appropriate relief. 24
5. If a person violates any provision of NRS 228.500 to 25
228.640, inclusive, fails to comply with a judgment or order of any 26
court in this State concerning a violation of such a provision, or fails 27
to comply with an assurance of discontinuance or other agreement 28
concerning an alleged violation of such a provision, the Attorney 29
General may bring an action in the name of the State of Nevada 30
seeking: 31
(a) The suspension of the person’s privilege to conduct business 32
within this State; or 33
(b) If the defendant is a corporation, dissolution of the 34
corporation. 35
The court may grant or deny the relief sought or may order other 36
appropriate relief. 37
6. In an action brought by the Commissioner or the Attorney 38
General pursuant to subsection 4 or 5, process may be served by an 39
employee of the Consumer Affairs Unit of the Department of 40
Business and Industry or an employee of the Attorney General. 41
7. As used in this section: 42
(a) “Property” has the meaning ascribed to it in NRS 193.0225. 43
(b) “Services” has the meaning ascribed to it in NRS 205.0829. 44
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(c) “Value” means the fair market value of the property or 1
services at the time the deceptive trade practice occurred. The value 2
of a written instrument which does not have a readily ascertainable 3
market value is the greater of the face amount of the instrument less 4
the portion satisfied or the amount of economic loss to the owner of 5
the instrument resulting from the deprivation of the instrument. The 6
trier of fact shall determine the value of all other property whose 7
value is not readily ascertainable, and may, in making that 8
determination, consider all relevant evidence, including evidence of 9
the value of the property to its owner. 10
H