Nevada Revised Statutes 369.489 – Delivery of liquor to consumer in connection with retail sale; regulations
1. Subject to such regulations as the Department may prescribe pursuant to subsection 2, a retail liquor store, or a delivery support service acting on behalf of a retail liquor store, may deliver liquor in its original package to a consumer in this State in connection with a retail sale of such liquor if:
Terms Used In Nevada Revised Statutes 369.489
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- liquor: means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid containing one-half of 1 percent or more of alcohol by volume and which is used for beverage purposes. See Nevada Revised Statutes 369.040
- original package: means any container or receptacle first used for holding liquor, which container or receptacle is sealed. See Nevada Revised Statutes 369.050
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- retail liquor store: means an establishment where beers, wines and liquors, in original packages or by the drink, are sold to a consumer. See Nevada Revised Statutes 369.090
- to sell: means and includes any of the following:
- wholesaler: means a person licensed to sell liquor as it is originally packaged to retail liquor stores or to another licensed wholesaler, or to transfer malt beverages and wine to an estate distillery pursuant to Nevada Revised Statutes 369.130
(a) The retail liquor store purchased the liquor from a licensed wholesaler; and
(b) The delivery takes place in a jurisdiction in this State in which the retail liquor store is licensed to sell liquor at retail.
2. The Department shall adopt regulations governing deliveries made pursuant to this section, which must include, without limitation:
(a) A requirement for the retail liquor store or its delivery support service to obtain proof, in the form of a signature or other verification, that the delivery was accepted on behalf of the consumer by a person who is at least 21 years of age.
(b) A requirement that any such delivery originate only from the premises of the retail liquor store during the operating hours of the retail liquor store.
(c) Regulations prescribing the area in which such deliveries may be made, which must take into account relevant local jurisdictions and the marketing area of the wholesaler of any liquor to be delivered.
(d) Provisions necessary to encourage local governments to coordinate their ordinances with the regulations of the Department pursuant to this section to provide for more uniform implementation, supervision and enforcement of the regulations of the Department and the ordinances of local governments concerning such deliveries.
3. Except as otherwise provided in this section, the provisions of this chapter governing the transport of liquor, including, without limitation, the provisions which authorize the transport of liquor for delivery only by a person who holds a license issued under this chapter, do not apply to a delivery made pursuant to this section.
4. As used in this section, ‘marketing area’ has the meaning ascribed to it in NRS 597.136.