369.4865 - Transfers of liquor between retail liquor stores holding nonrestricted gaming licenses. - Nevada Statutes

369.4865  Transfers of liquor between retail liquor stores holding nonrestricted gaming licenses.

      1.  Except as otherwise provided in subsection 2, a retail liquor store that holds a nonrestricted license may transfer an original package of liquor to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of liquor pursuant to the transfer, if:

      (a) Each retail liquor store:

             (1) Holds its nonrestricted license for the purposes set forth in subsection 2 of NRS 463.0177; and

             (2) Is in the marketing area of the wholesale dealer from which the original package of liquor was obtained by the initial retail liquor store;

      (b) The initial retail liquor store:

             (1) Obtained the original package of liquor in compliance with the provisions of this chapter;

             (2) Is an affiliate of the retail liquor store that receives the transfer; and

             (3) Does not charge the retail liquor store that receives the transfer for the original package of liquor;

      (c) Immediately before the transfer, the original package of liquor is located at the initial retail liquor store; and

      (d) Pursuant to the transfer, the original package of liquor is transported from the initial retail liquor store to the other retail liquor store.

      2.  A retail liquor store that holds a nonrestricted license may transfer an original package of beer to another retail liquor store that holds a nonrestricted license, and that other retail liquor store may receive the original package of beer pursuant to the transfer, if the wholesale dealer of the beer authorizes, in writing, the nonrestricted licensee to make such a transfer.

      3.  A transfer authorized by this section shall not be deemed a sale.

      4.  A retail liquor store that transfers or receives an original package of liquor as authorized by this section:

      (a) Shall not be deemed to be engaged in business as a wholesale dealer based upon the transfer authorized by this section.

      (b) Notwithstanding the provisions of subsection 4 of NRS 369.450, may transport the original package of liquor from the initial retail liquor store to the other retail liquor store without a special permit for such transportation.

      5.  As used in this section:

      (a) “Affiliate” has the meaning ascribed to it in NRS 463.0133.

      (b) “Marketing area” has the meaning ascribed to it in NRS 597.136.

      (c) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177.

      (Added to NRS by 2001 Special Session, 164; A 2003, 972, 1209)