Existing law requires certain persons and businesses that are importers of liquor, wholesale dealers of beer or wines and liquors, wineries, instructional wine-making facilities, breweries, brew pubs, craft distilleries and estate distilleries to obtain a state license or permit from the Department of Taxation. (NRS 369.180) Under existing law, an applicant for such a license is required to submit an application to: (1) the board of county commissioners of the county in which the applicant maintains his or her principal place of business if the applicant does not maintain his or her principal place of business within the boundaries of an incorporated city; or (2) the governing body of the city in which the applicant maintains his or her principal place of business if the applicant maintains his or her principal place of business within the boundaries of an incorporated city. (NRS 369.190) Existing law requires the board of county commissioners or the governing body of the city, as applicable, to approve or disapprove the application and, if the application is approved, forward the application to the Department for review and issuance of the license. (NRS 369.200) Existing law requires the board of county commissioners or the governing body of a city, as applicable, to require satisfactory evidence that an applicant meets certain requirements, including that the applicant is not a supplier of alcoholic beverages applying for a license to engage in the business of importing, wholesaling or retailing alcoholic beverages in violation of existing law. (NRS 369.190, 369.382) Section 1 of this bill additionally requires the board of county commissioners or the governing body of a city, as applicable, to require satisfactory evidence that an applicant is not an importer or wholesaler of alcoholic beverages applying for a license to engage in another business in violation of existing law governing the distribution of alcoholic beverages. (NRS 597.220) Section 2 of this bill requires the board of county commissioners or the governing body of a city to: (1) determine whether to recommend that an application be approved or disapproved by the Department rather than approve or disapprove applications; and (2) forward to the Department each application, the recommendation and all documents supplied by the applicant which were reviewed by the board or governing body in determining whether to recommend that the application be approved or disapproved. Existing law authorizes the board of county commissioners or the governing body of a city, as applicable, to investigate complaints against a licensee, conduct hearings and recommend to the Department, under certain circumstances, the revocation or suspension of a license. (NRS 369.230-369.290) Sections 3-7 of this bill provide for the Department to also perform these functions in the same manner as a board of county commissioners or governing body of a city and authorize the Department to revoke or suspend a license without receiving a recommendation from a board of county commissioners or governing body of a city. Section 4 authorizes the Department, the board of county commissioners or the governing body of a city, as applicable, to extend the time for a licensee to file an answer to a complaint under certain circumstances, and section 6 revises the period within which a decision on the complaint must be rendered if the time for filing an answer is extended. Section 6 also removes the requirement for the Department to suspend or revoke a license upon receiving a recommendation for such action from a board of county commissioners or governing body of a city, and instead authorizes the Department to suspend or revoke a license upon receiving such a recommendation. (NRS 369.260) Existing law authorizes the board of county commissioners or the governing body of a city, as applicable, to suspend or revoke summarily a license in cases where an aggravated and flagrant violation of law appears to have occurred, subject to review by the Department at a hearing. (NRS 369.280) Section 8 of this bill similarly authorizes the Department to suspend or revoke summarily the license of a person in cases where an aggravated and flagrant violation of law appears to have occurred, subject to the same requirements in existing law for notice and a public hearing. Existing law authorizes counties and incorporated cities to license and regulate persons engaged in a business in their jurisdictions related to the distribution or sale of alcoholic beverages. (NRS 244.350, 268.090) Sections 9 and 10 of this bill prohibit counties and cities from issuing a license to a person who is required to obtain a license from the Department unless the Department has issued such a license and the license is in good standing.

Statutes affected:
As Introduced: 369.190, 369.200, 369.230, 369.240, 369.250, 369.260, 369.270, 369.280, 244.350, 268.090
BDR: 369.190, 369.200, 369.230, 369.240, 369.250, 369.260, 369.270, 369.280, 244.350, 268.090