Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 268.097994 - Unlawful acts; penalties; exceptions1. Except as otherwise provided in subsection 4, a person shall not sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of: (a) A resort hotel, as defined in NRS 463.01865;(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;(c) A convention facility operated by a county fair and recreation board; or(d) A median of a highway, if the median is adjacent to a parking lot.2. For any violation of subsection 1, a city council or other governing body of an incorporated city may impose a criminal, civil or administrative penalty in accordance with an ordinance adopted by the city council or other governing body of an incorporated city pursuant to NRS 268.097993. The maximum criminal penalty that may be specified in an ordinance adopted pursuant to NRS 268.097993 is a misdemeanor. A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude. 3. Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from: (a) A resort hotel, as defined in NRS 463.01865;(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;(c) A convention facility operated by a county fair and recreation board; or(d) A median of a highway that is adjacent to a parking lot.4. A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.Added to NRS by 2023, 1439Added by 2023, Ch. 228,§21.5, eff. 10/15/2023.