Nevada Revised Statutes 369.4867 – Bulk sale of liquor by retailer
1. A retailer who intends to make a bulk sale of liquor shall, at least 30 days before the proposed bulk sale, provide notice to:
Terms Used In Nevada Revised Statutes 369.4867
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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) A wholesaler who currently sells liquor to the retailer; and
(b) A wholesaler who has sold liquor to the retailer within the immediately preceding 12 months.
2. The notice provided pursuant to subsection 1 must state:
(a) That a sale of liquor which may constitute a bulk sale will be made;
(b) The prospective date of the bulk sale;
(c) The individual, partnership or corporate names and addresses of the retailer and the purchaser of the bulk sale; and
(d) The address to which inquiries about the bulk sale may be made, if different from the retailer’s address.
3. If the retailer owes a debt to the wholesaler associated with the purchase of the liquor that will be sold or transferred through the bulk sale, the notice provided pursuant to subsection 1 must be accompanied by:
(a) A signed affidavit of the retailer which states that the debt owed to the wholesaler will be paid by the retailer to the wholesaler from the proceeds of the bulk sale; or
(b) A signed assumption of the debt by the purchaser of the bulk sale, assuming all the debt owed by the retailer to the wholesaler.
4. Any bulk sale subject to the provisions of this section is void if the retailer fails to satisfy the requirements of subsection 2 or 3, as applicable.
5. As used in this section, ‘bulk sale’ means the sale or transfer to a purchaser in bulk, and not in the ordinary course of the retailer’s business, of 50 percent or more of the liquor sold by a wholesaler to the retailer and in the retailer’s possession.