Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 375–Assemblymembers Yeager and Gurr
CHAPTER..........
AN ACT relating to intoxicating liquor; authorizing the board of
county commissioners of a county and the governing body of
an incorporated city to enact an ordinance authorizing certain
food establishments to sell or deliver alcoholic beverages for
consumption off the premises of the establishment under
certain circumstances; requiring the Department of Taxation
to adopt regulations imposing a surcharge on such sales;
revising provisions relating to craft distilleries; designating
the Picon Punch as the of ficial state drink of the State of
Nevada; expanding the functions of the Ignition Interlock
Program established by the Director of the Department of
Public Safety; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes certain establishments to sell alcoholic beverages by
the drink for consumption on the premises of the establishment. (NRS 369.090,
369.620) Existing law also authorizes a retail liquor store, or a delivery support
service acting on beha lf of a retail liquor store, to deliver liquor, in its original
package, to a consumer in connection with a retail sale of such liquor under certain
circumstances. (NRS 369.489)
Section 1 of this bill defines “covered food establishment” to mean, in general,
a food establishment that prepares and serves food on the premises and which is
licensed to sell at retail alcoholic beverages for consumption on the premises.
Section 1 authorizes the board of coun ty commissioners of a county or the
governing body of an incorporated city to enact an ordinance authorizing, under
such conditions as may be imposed by the ordinance , a covered food establishment
to sell at retail an alcoholic beverage in a container sealed by the establishment for
consumption off the premises of the establishment. Section 1 also authorizes the
ordinance to authorize a covered food establishment, or a delivery support service
acting on behalf of such an establishment, to deliver alcoholic beverages in a
container sealed by the establishment to a consumer in connection with the retail
sale of such an alcoholic beverage. Sections 1 and 2 of this bill exempt such
deliveries from certain provisions of law governing the transport of liquor.
Existing law requires the Director of the Department of Public Safety to
establish the Ignition Interlock Program. Existing law creates the Account for the
Ignition Interlock Program. Permissible uses of money in the Account include
treatment assistance, out reach programs, educational programs and training and
enforcement activities relating to driving under the influence of alcohol or a
prohibited substance. (NRS 484C.454) Section 5.5 of this bill changes the name of
the Program to the Ignition Interlock and DUI Reduction Program and expands the
purposes for which money in the Account may be used.
Section 1 requires the Department of Taxation to adopt regulations that provide
for the imposition and collection of a surcharge, not to exceed 50 cents for each
retail sale of an alcoholic beverage pursuant to section 1. Section 1 requires the
revenues collected from the surcharge to be distributed: (1) to the Department in an
amount determined to be necessary by the Department to pay the costs of the
Department in carrying out the provisions of section 1 , which must not exceed
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$250,000 each year; and (2) if any money remains, to the Account for the Ignition
Interlock and DUI Reduction Program to be used for the purposes for which the
money in the Account is used.
Existing law requires the Department to prescribe by regulation certain
requirements for the issuance of a permissible person’s certifica te to any person or
representative of any institution, school, hospital or church desiring to import liquor
for industrial, medical, scientific or sacramental purposes. (NRS 369.440) Section
1.5 of this bill provides for the issuance of a permissible perso n’s certificate to a
person who operates a craft distillery , who has a contractual right that was created
before January 1, 2025, to exclusively manufacture a particular formula of distilled
spirit and who is desiring to import neutral or distilled spirits for the purpose of
manufacturing that distilled spirit. Section 5.7 of this bill designates such a distilled
spirit manufactured by a person who has been issued a permissible person’s
certificate as an “exclusive distilled spirit.”
Existing law sets for th the activities in which a person who operates a craft
distillery is authorized to engage. Existing law limits the amount of distilled spirits
that such a person may manufacture for exportation to another state to not more
than 40,000 cases in any calend ar year. (NRS 597.235) Section 5.7 authorizes a
person who operates a craft distillery and who has obtained a permissible person’s
certificate to manufacture an additional 40,000 cases of an exclusive distilled spirit
of the person for exportation to another state.
Existing law requires a person who operates a craft distillery to ensure that
none of the spirits manufactured at the craft distillery are derived from neutral or
distilled spirits manufactured by another manufacturer. (NRS 597.235) Section 5.7
authorizes a person who operates a craft distillery and who has obtained a
permissible person’s certificate to manufacture an exclusive distilled spirit of the
person using neutral or distilled spirits manufactured by another manufacturer.
Existing law establishes various symbols of the State of Nevada. (NRS
235.020-235.140) Section 5 of this bill designates the traditional Basque drink
known as the Picon Punch as the official state drink of the State of Nevada.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 369 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The board of county commissioner s of a county and the
governing body of an incorporated city may enact an ordinance
authorizing, under such conditions as may be imposed by the
ordinance:
(a) A covered food establishment to sell at retail an alcoholic
beverage in a container sealed by the covered food establishment
for consumption off the premises; and
(b) A covered food establishment, or a delivery support service
acting on behalf of an establishment, to deliver an alcoholic
beverage in a container sealed by the covered food establishment
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to a consumer in this State in connection with a retail sale of such
an alcoholic beverage.
2. The Department shall adopt regulations that provide for
the imposition and collection of a surcharge, not to exceed 50
cents for each retail sale of an alcoholic beverage pursuant to
subsection 1. The revenues collected from the surcharge must be
distributed:
(a) To the Department in an amount determined to be
necessary by the Department to pay the costs of the Department in
carrying out the provisions of this section, which must not exceed
$250,000 each year; and
(b) If any money remains after the revenues are distributed
pursuant to paragraph (a), to the Account for the Ignition
Interlock and DUI Reduction Program created b y NRS 484C.454
to be used for the purposes specified in that section.
3. Except as otherwise provided in an ordinance enacted
pursuant to subsection 1, 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 an ordinance enacted
pursuant to subsection 1.
4. The provisions of this section do not:
(a) Require the Commission on Postsecondary Education
created by NRS 3 94.383 to alter the curriculum developed
pursuant to NRS 369.625 or any requirements relating to the
certification of an alcoholic beverage awareness program
pursuant to that section.
(b) Abrogate, alter or otherwise affect any requirement set
forth in NRS 369.489 or the regulations adopted pursuant thereto
governing the delivery of liquor in its original package by a retail
liquor store or a delivery support service acting on beh alf of a
retail liquor store.
5. As used in this section:
(a) “Alcoholic beverage” has the meaning ascribed to it in
NRS 202.015.
(b) “Covered food establishment” means a food establishment,
as defined in NRS 446.020, that:
(1) Prepares and serves fo od on the premises for
consumption on or off the premises; and
(2) Is licensed to se ll at retail alcoholic beverages for
consumption on the premises.
Sec. 1.5. NRS 369.440 is hereby amended to read as follows:
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369.440 By regulation, the Department shall prescribe the form
of and conditions for obtaining a permissible person’s certificate,
which [shall] must be printed and distributed on request to [any] :
1. Any person or representative of any institution, sc hool,
hospital, or church desiring to import liquor for industrial, medical,
scientific or sacramental purposes.
2. Any person who operates a craft distillery pursuant to NRS
597.235, who has a contractual right that was created before
January 1, 2025, to exclusively manufacture a particular formula
of distilled spirit and who is desiring to import neutral or distilled
spirits for the purpose of manufacturing that distilled spirit.
Sec. 2. NRS 369.490 is hereby amended to read as follows:
369.490 1. Except as otherwise provided in subsection 2 and
NRS 369.176 and 369.489, and section 1 of this act, a person shall
not directly or indirectly, himself or herself or by his or her clerk,
agent or employee, offer, keep or pos sess for sale, furnish or sell, or
solicit the purchase or sale of any liquor in this State, or transport or
import or cause to be transported or imported any liquor in or into
this State for delivery, storage, use or sale therein, unless the person:
(a) Has complied fully with the provisions of this chapter;
(b) Holds an appropriate, valid license, permit or certificate
issued by the Department; and
(c) Has been duly designated by the supplier of that liquor
pursuant to NRS 369.386 or purchased the liquor in compliance
with NRS 369.486.
2. Except as otherwise provided in subsection 3, the provisions
of this chapter do not apply to a person:
(a) Entering this State with a quantity of alcoholic beverage for
household or personal use which is exempt from federal import
duty;
(b) Entering this State with 1 gallon or less of alcoholic
beverage per month from another state for his or her own household
or personal use;
(c) Who:
(1) Is a resident of this State;
(2) Is 21 years of age or older; and
(3) Imports 12 cases or less of wine per year for his or her
own household or personal use; or
(d) Who is lawfully in possession of wine produced on the
premises of an instructional wine -making facility for his or her own
household or personal use and who is acting in a manner authorized
by NRS 597.245.
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3. The provisions of subsection 2 do not apply to a supplier,
wholesaler or retailer while he or she is acting in his or her
professional capacity.
4. A person who accepts wine shipped into this State pursuant
to paragraph (c) of subsection 2 must be 21 years of age or older.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. Chapter 235 of NRS is hereby amended by adding
thereto a new section to read as follows:
The traditional Basque drink known as the Picon Punch is
hereby designated as the official state drink of the State of Nevada.
Sec. 5.5. NRS 484C.454 is hereby amended to read as follows:
484C.454 1. The Director of the Department of Public Safety
shall:
(a) Establish the Ignition Interlock and DUI Reduction
Program; and
(b) Adopt rules and regulations which are necessary to carry out
the Program.
2. The Director may contract for the provision of services
necessary for the Program.
3. The Account for the Ignition Interlock and DUI Reduction
Program is hereby created as a special account in the State Highway
Fund. The Director, or hi s or her designee, shall administer the
Account.
4. The Account must be funded through the fees established by
regulation pursuant to subsection 7 [.] and the revenues from the
surcharge imposed pursuant to section 1 of this act. The money in
the Account may only be used to pay the expenses of the Program,
including, without limitation:
(a) Enforcement activities relating to driving under the influence
of alcohol or a prohibited substance [;] , including, without
limitation, the conducting of any testing necessary to determine
whether a person is driving under the influence of alcohol or a
prohibited substance;
(b) The creation [and maintenance of a case management
statistical tracking system; ] and support of information systems
and systems for the collection of data relating to driving under the
influence of alcohol or a prohibited substance;
(c) An on -site audit program [;] for those aspects of the
Program relating to ignition interlock devices;
(d) Treatment assistance;
(e) Educational programs and training for law enforcement
officers; and
(f) Outreach programs.
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5. The interest and income earned on the money in the
Account, after deducting any applicable charges, must be credited to
the Account.
6. Any money remaining in the Account at the end of each
fiscal year does not revert to the State Highway Fund but must be
carried over into the next fiscal year.
7. The Department of Public Safety shall adopt regulations to
establish a fee schedule that includes reasonable fees for:
(a) The certi fication of manufacturers and vendors of ignition
interlock devices;
(b) The annual recertification of manufacturers and vendors of
ignition interlock devices;
(c) The reinstatement of the certification of manufacturers and
vendors of ignition interlock devices;
(d) The installation of an ignition interlock device by
manufacturers and vendors of ignition interlock devices; and
(e) Repeat violations relating to an ignition interlock device.
Sec. 5.7. NRS 597.235 is hereby amended to read as follows:
597.235 1. A person may operate a craft distillery if the
person:
(a) Obtains a license for the facility pursuant to chapter 369 of
NRS;
(b) Complies with the requirements of this chapter; and
(c) Complies with any other applicable governmental
requirements.
2. A person who operates a craft distillery pursuant to this
section may:
(a) In addition to manufacturing spirits from agricultural raw
materials through distillation, blend, age, store and bottle the spirits
so manufactured. [The] Except as otherwise provided in this
paragraph, the person operating the craft distillery shall ensure that
none of the spirits manufactured at the craft distillery are derived
from neutral or distilled spirits manufactured by anoth er
manufacturer. If the person operating the craft distillery has
obtained a permissible person’s certificate pursuant to subsection
2 of NRS 369.440, the person may manufacture an exclusive
distilled spirit of the person using neutral or distilled spirits
manufactured by another manufacturer.
(b) Except as otherwise provided in paragraphs (f) and (g), in
any calendar year, sell and transport in Nevada not more than a
combined total of 10,000 cases of spirits , including, without
limitation, an exclusive distilled spirit, at all the craft distilleries
that the person operates to a person who holds a license to engage in
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business as a wholesale dealer of liquor pursuant to chapter 369 of
NRS.
(c) In any calendar year, manufacture for exportation to another
state [, not] :
(1) Except as otherwise provided in subparagraph (2), not
more than a combined total of 40,000 cases of spirits at all the craft
distilleries the person operates [.] ; and
(2) In addition to the cases of spirits authorized by
subparagraph (1), if the person operating the craft distillery has
obtained a permissible person’s certificate pursuant to subsection
2 of NRS 369.440, not more than a combined total of 40,000 cases
of an exclusive distilled spirit of the person at all the craft
distilleries the person operates.
(d) On the premises of the craft distillery, serve samples of the
spirits manufactured at the craft distillery [.] , including, without
limitation, an exclusive distilled spirit. Any such samples must not
exceed, per person, per day, 4 fluid ounces in volume.
(e) On the premises of the craft distillery, sell the spirits
manufactured at the craft distillery , including, without limitation,
an exclusive distilled spirit, at retail for consumption on or off the
premises. An y such spirits sold at retail for off -premises
consumption must not exceed, per person, per month, 1 case of
spirits and not exceed, per person, per year, 6 cases of spirits. Spirits
purchased on the premises of a craft distillery must not be resold by
the purchaser or any retail liquor store.
(f) Donate for charitable or nonprofit purposes and transport
neutral or distilled spirits manufactured at the craft distillery ,
including, without limitation, an exclusive distilled spirit, in
accordance with the terms and conditions of a special permit for the
transportation of the neutral or distilled spirits obtained from the
Department of Taxation pursuant to subsection 4 of NRS 369.450.
(g) Transfer in bulk neutral or distilled spirits manufactured at
the craf t distillery , including, without limitation, an exclusive
distilled spirit, to a supplier. Any such transfer:
(1) Is taxable only when the neutral or distilled spirits are
rectified and bottled in original packages for sale within this State;
and
(2) Is not a sale for the purposes of paragraph (b) or
manufacturing for exportation for the purposes of paragraph (c).
3. As used in this section, “exclusive distilled spirit” means a
distilled spirit:
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(a) That is manufactured by a person who holds a permissible
person’s certificate obtained pursuant to subsection 2 of NRS
369.440; and
(b) Whose particular formula the person has a contractual
right created before January 1, 2025 to manufacture.
Sec. 6. 1. This section and section 5 of this act become
effective upon passage and approval.
2. Sections 1 to 4, inclusive, 5.5 and 5.7 of this act become
effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
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