Existing law creates the Commission on Tourism in the Department of Tourism and Cultural Affairs, which is charged with carrying out certain duties relating to the promotion of tourism and travel in this State and oversees a grant program for the development of projects relating to tourism. (NRS 231.8117, 231.8121, 231.8127, 231.8171-231.8179) Section 1 of this bill requires the Commission to develop and administer a grant program for businesses that are engaged in or wish to engage in agritourism in this State. Section 19 of this bill makes an appropriation to the Commission for this grant program to award grants. Sections 1 and 6 of this bill define “agritourism” as the combination of agriculture, horticulture or viticulture with tourism to attract members of the general public to visit a business for enjoyment, education, recreation or participation in agritourism activities. Sections 1 and 7 of this bill define “agritourism activity” as an activity offered by a business engaged in agritourism that invites members of the general public to view or participate in activities relating to agriculture, horticulture or viticulture. Section 2 of this bill applies the definitions in existing law to section 1. Existing law creates the Fund for Tourism and Cultural Affairs to support the operations of the Department of Tourism and Cultural Affairs in carrying out certain duties under existing law. (NRS 231.8141) Section 3 of this bill provides that the money in the Fund may also be used to support the Department of Tourism and Cultural Affairs in carrying out any duties under section 1. Existing law creates the State Department of Agriculture and charges the Department with administering various duties relating to agriculture, livestock and food and other commodities. (NRS 561.035, Titles 49, 50 and 51 of NRS) Section 13 of this bill requires the Director of the State Department of Agriculture to adopt regulations establishing the types of businesses that qualify as agritourism. Sections 8-12 of this bill define certain other terms relating to agritourism. Section 14 of this bill requires the State Department of Agriculture to: (1) develop opportunities for businesses engaged in or that wish to engage in agritourism; (2) develop marketing campaigns for agritourism and agritourism activities in this State; and (3) provide support and outreach to businesses engaged in or that wish to engage in agritourism. Section 14 also requires the Director to employ a qualified professional to assist the State Department of Agriculture in carrying out these duties. Section 20 of this bill makes appropriations to the State Department of Agriculture: (1) to carry out duties relating to the marketing and development of agritourism in this State; (2) for membership in an organization relating to agritourism and attendance at the convention of the organization; and (3) for the salary of the qualified professional assisting the State Department of Agriculture. Section 15 of this bill authorizes the Director to issue a special use permit to an operator of a business engaged in or that wishes to engage in agritourism if the operator is denied a permit required to operate or offer agritourism activities on the basis of a local ordinance, resolution or regulation adopted by a local governing body. Section 15 also requires that any fees collected for a special use permit be accounted for separately by the State Department of Agriculture and paid on an annual basis to the county in which the special use permit was issued. Section 17 of this bill requires an operator of a business engaged in agritourism to post certain warning signs at the entrance of the business and at the site of any agritourism activities and include in every contract offered or entered into by the operator certain language that warns the reader that the operator is not liable for any injury, loss, damage or death to a person or the personal property of a person that results from the inherent risks of an agritourism activity. Section 18 of this bill provides that an operator of a business engaged in agritourism is not liable for any injury, loss, damage or death to a person or the personal property of a person that results from the inherent risks of an agritourism activity if the operator has posted the warning signs and included the warning language in any contracts, as required by section 17. Section 16 of this bill sets forth the inherent risks of an agritourism activity for the purposes of sections 17 and 18.

Statutes affected:
As Introduced: 231.8111, 231.8141
BDR: 231.8111, 231.8141