Nevada

Clean Indoor Air

Public Places

Smoking tobacco is prohibited in indoor places of employment, including, but not limited to: child care facilities; movie theatres; video arcades; government buildings and public places; malls and retail establishments; all areas of grocery stores; all indoor areas within restaurants; and within all public and private school buildings and on all public and private school property. Smoking is still allowed in: 1) areas within casinos where loitering by minors is prohibited by state law; 2) stand-alone bars, taverns and saloons as defined; 3) strip clubs or brothels; 4) retail tobacco stores as defined and 5) private residences, including those which may serve as an office workplace, except if used as a child care, adult day care or health care facility.

NEV. REV. STAT. § 202.2483 (2006).

Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards in the above law.

NEV. REV. STAT. § 202.2483(4) (2006).

Government Buildings

Smoking tobacco is prohibited in indoor places of employment, including government buildings, which are defined as any building or office space owned or occupied by: any component of the University and Community College System of Nevada and used for any purpose related to the system; the state of Nevada and used for any public purpose; or any county, city, school district or other political subdivision of the state and used for any public purpose.

NEV. REV. STAT. § 202.2483 (2006).

Private Workplaces

Smoking tobacco is prohibited in indoor places of employment. Place of employment is defined as an enclosed area under the control of a public or private employer, which employees normally frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.

NEV. REV. STAT. § 202.2483 (2006).

Schools

Smoking tobacco is prohibited within school buildings and on school property/grounds of any public or private school. Smoking is also prohibited in any building or office space owned or occupied by any component of the University and Community College System of Nevada and used for any purpose related to the system.

NEV. REV. STAT. § 202.2483 (2006).

Child Care Centers

Smoking is prohibited in child care facilities, including private residences used as child care facilities. “Child care facility” is defined as an establishment operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children, an on-site child care facility or an outdoor youth program.

NEV. REV. STAT. § 202.2483 (2006).

Health Facilities

Smoking is prohibited in indoor places of employment, which includes health care facilities. Health care facilities in a private residence are specifically included.

NEV. REV. STAT. § 202.2483 (2006).

Restaurants

Restaurants: Smoking is prohibited in indoor places of employment, including all indoor areas within restaurants. Restaurant is defined as a place that gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

NEV. REV. STAT. § 202.2483 (2006).

Bars/Taverns: Smoking is allowed in stand-alone bars, taverns and saloons as well as strip clubs and brothels. A stand-alone bar is defined as an establishment devoted primarily to the sale of alcoholic beverages to be consumed on the premises, in which food service is incidental to its operation, and provided that smoke from such establishments does not infiltrate into areas where smoking is prohibited under this law. In addition, a stand-alone bar, tavern or saloon must be housed in either: a physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited, or a completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.

NEV. REV. STAT. § 202.2483 (2006).

Penalties/Enforcement

All public places and places of employment where smoking is prohibited shall be designated by the specified signs. A person who violates this law shall be guilty of a misdemeanor, and, in addition, liable for a civil penalty of $100 for each violation. Health authorities or local police officers shall, within their respective jurisdictions, enforce the provisions of this law.

NEV. REV. STAT. §§ 202.2483 (2006), 202.2492 (1999) & 202.24925 (1999).

Note: A court decision issued by a Nevada district court judge in January 2007 upheld Nevada’s smokefree air law, but declared the criminal penalty provisions of the law unconstitutional. That means violation of the law can be punished by the civil penalty of $100 only.

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 80 cents

Date last changed: July 22, 2003 — from 35 cents to 80 cents

Year first enacted: 1947

NEV. REV. STAT. § 370.165 (2003).

Other Tobacco Products

All other tobacco products: 30% of the wholesale price.

NEV. REV. STAT. § 370.450 (1997).

Revenue Collected

$129,544,000

Youth Access

Compliance/Enforcement

The state Attorney General shall conduct random, unannounced inspections at locations where tobacco and products made from tobacco are sold, distributed or offered for sale, to inspect for and enforce compliance with laws regarding sales to minors and restrictions on tobacco vending machines. The Attorney General may contract with local law enforcement officials or any other person who will perform the inspection in a fair and impartial manner. The inspector may enlist a child under 18 to assist with the inspection if written consent is obtained from the child’s parent, the child states their true age if questioned during the inspection, the child’s appearance is not altered to make them appear older and a picture is taken of the child immediately before the inspection and retained. The Attorney General shall compile the results of the inspections performed and submit the report as required by federal law.

NEV. REV. STAT. §§ 202.2496 (1995) & 202.2497 (1995).

Penalties for Sales to Minors

It is unlawful for any person to sell, distribute or offer to sell tobacco in any form or cigarette papers to a child under the age of 18 years. Violators shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. A person shall be deemed to be in compliance with this provision if, before they sell or distribute any tobacco product, they demand valid proof of age, are presented with the required identification and reasonably relies upon the information presented to them. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made from tobacco in the course of the child’s lawful employment, provide tobacco or products made from tobacco to the child. With respect to any sale made by their employee, the owner of a retail establishment shall be deemed to be in compliance with the provisions for sales or distribution to minors if they had no actual knowledge of the sale and establishes and carries out a continuing program of training for their employees which is reasonably designed to prevent violations. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. §§ 202.249 (2003) & 202.2493 (2007).

Placement of Tobacco Products

It is unlawful for any retailer to sell cigarettes through the use of any type of display, which contains cigarettes and is located in any area to which customers are allowed access; and from which cigarettes are readily accessible to a customer without the assistance of the retailer, except a vending machine used in compliance with Nevada Revised Statute section 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. §§ 202.2493(7) (2007) & 202.249 (2003).

Sign Posting

The owner of a retail establishment shall, whenever any product made from tobacco is being sold or offered for sale at the establishment, display prominently at the point of sale a notice indicating that the sale of cigarettes and other tobacco products to minors is prohibited by law; and the retailer may ask for proof of age to comply with this prohibition. A person who violates this shall be punished by a fine of not more than $100. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. §§ 202.2493(6) (2007) & 202.249 (2003).

Other Provisions

Internet Sales: A person must obtain a retail license to sell tobacco products before accepting an order for a delivery sale. A person shall not cause the mailing or shipment of cigarettes in connection with an order for a delivery sale unless the person first obtains from the prospective purchaser a certification, which includes reliable confirmation the person, is 18 or older and a statement attesting to this fact. The person must then make a good faith effort to verify the information using a federal or commercially available database. The person is also required to use a delivery service that requires the purchaser placing the order for the delivery sale, or an adult designated by that purchaser, to sign to accept delivery of the shipping container; and a valid identification that was issued by a governmental entity and bears a photograph of the person who signs to accept delivery of the shipping container showing that the person is at least 18 years of age. The Department of Revenue shall levy a civil penalty for violation of not more than $1,000 for the first violation and $1,000 to $5,000 for subsequent violations.

NEV. REV. STAT. §§ 370.321 to 370.329 (2005).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

Internet Sales: It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made from tobacco to a child under the age of 18 years through the use of the Internet. Violators shall be punished by a fine of not more than $500, and a civil penalty of not more than $500. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description or products made from tobacco through the use of the Internet shall adopt a policy to prevent a child under the age of 18 years from obtaining these products from the person through the use of the Internet. The policy must include a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or “tobacco products,” and that the person complies with the provisions of 15 U.S.C. § 376 (the Jenkins Act). A person who fails to adopt a policy is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

NEV. REV. STAT. § 202.24935 (2001).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

It is unlawful for any person to distribute tobacco in any form or cigarette papers to a child under the age of 18 years. Violators shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. A person shall be deemed to be in compliance with this provision if before he distributes any tobacco product to another, he demands valid proof of age, is presented with the required identification and reasonably relies upon the information presented to him. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. §§ 202.249 (2003) & 202.2493 (2007).

Single Cigarettes

A person shall not sell, distribute or offer to sell tobacco products in any form other than in an unopened package that originated with the manufacturer and bears any health warning required by federal law. A person who violates this section shall be punished by a fine of $100 and a civil penalty of $100. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. §§ 202.249 (2003) & 202.2493(1) (1995).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

A cigarette vending machine may be placed in a public area only if persons who are under 21 years of age are prohibited from loitering in that area. This applies to stand-alone bars and gaming facilities. A coin-operated vending machine containing cigarettes must not be used to dispense any product not made from tobacco. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. §§ 202.2494 & 202.249 (2003).

Penalty

Violation is subject to a fine of not more than $500. An agency, board, commission or political subdivision of this state shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products than those provided by this law.

NEV. REV. STAT. § 202.2493(7) (2007) & 202.249 (2003).

Licensing Requirements

Requirements

Manufacturers, retailers and wholesalers must obtain a license to sell cigarettes from the Department of Revenue. A separate license is required for each place of business. Licenses are valid for the calendar year in which they were issued, and must be renewed annually. Violation is subject to Class C felony and is punishable by imprisonment for 1 to 5 years and/or up to a $10,000 fine. Counties, cities or towns may require a wholesale or retail license for cigarettes as well.

NEV. REV. STAT. §§ 370.080 to 370.160 & 370.382 (2005).

Wholesale and retail dealers must obtain a license to sell tobacco products other than cigarettes from the Department of Revenue, except a retail dealer that has a retail dealer license to sell cigarettes need not obtain a license under this section. Dealing in tobacco products other than cigarettes without a license is a misdemeanor.

NEV. REV. STAT. § 370.445 (1997).

Fee

Annual fee for each wholesale cigarette dealer’s license is $150. No fee is charged for a retail cigarette dealer’s or manufacturer’s license. No fee specified for retail and wholesale licenses for other tobacco products.

NEV. REV. STAT. §§ 370.150 (2005) & 370.445 (1997).

Smoker Protection Laws

It is an unlawful employment practice for an employer to fail or refuse to hire a prospective employee or discharge or otherwise discriminate against any employee concerning his compensation, terms, conditions or privileges of employment, because they engage in the lawful use in this state of any product outside the premises of the employer during non-working hours, if that use does not adversely affect their ability to perform their job or the safety of other employees. Any wages and benefits lost as a result of a violation may be recovered by civil action.

NEV. REV. STAT. § 613.333 (1991).

Tobacco Liability

Industry Protection

If an appeal is taken of a judgment in a civil action involving a signatory, or a successor in interest or affiliate of a signatory, of the Master Settlement Agreement is required to give a bond in order to secure a stay of execution of the judgment during the pendency of any or all such appeals, the total cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed $50 million. If the plaintiff proves by a preponderance of evidence that an appellant who posted a bond is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may, if it determines that such an order is necessary to prevent such dissipation or diversion, require the appellant to post a bond in an amount that does not exceed the full amount of the judgment. The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law.

NEV. REV. STAT. § 20.035 (2005).

Tobacco Settlement

Tobacco Control Appropriations

Nevada allocated $3,456,544 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual Master Settlement Agreement (MSA) payment. $3,300,000 was appropriated in FY2008. This is the second year of the FY2008-FY2009 biennium.

FY2009 Allocation based on law distributing MSA payments last amended in 2007/state Department of Health recommendations, effective 7/1/08.

The Fund for a Healthy Nevada was created in the state Treasury to receive 50 percent of the annual Master Settlement Agreement payments. The Department of Health and Human Services then can allocate the money in a given fiscal year based on the following percentages: not more than 15 percent of available money in the fund to programs that help prevent, reduce or treat tobacco use; allocate not more than 30 percent of available revenues to pay for prescription drugs, pharmaceutical services and other benefits for senior citizens; allocate not more than 30 percent of available revenues to the Aging Services Division of the department for programs that help seniors with independent living; allocate $200,000 for funding assisted living facilities; allocate not more than 10 percent of revenues for programs that improve health services for children; allocate not more than 10 percent of available revenues for programs that help improve the health and well-being of persons with disabilities; and not more than 5 percent to subsidize a portion of the cost of providing prescription drugs, pharmaceutical services or other benefits to persons with disabilities.

NEV. REV. STAT. §§ 439.600 to 439.665 (2007).

Leave a Reply

Your email address will not be published. Required fields are marked *

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Anti-spam image