370.323 - Prerequisites to mailing or shipment of cigarettes; requests for electronic mail addresses of prospective purchasers. - Nevada Statutes

370.323  Prerequisites to mailing or shipment of cigarettes; requests for electronic mail addresses of prospective purchasers.

      1.  A person shall not cause the mailing or shipment of cigarettes in connection with an order for a delivery sale unless the person accepting the order first:

      (a) Obtains from the prospective purchaser a certification which includes:

             (1) Reliable confirmation that the purchaser is at least 18 years of age; and

             (2) A statement signed by the prospective purchaser in writing and under penalty of perjury which:

                   (I) Certifies the prospective purchaser’s address and date of birth;

                   (II) Confirms that the prospective purchaser understands that signing another person’s name to such certification is illegal and that sales of cigarettes to children under 18 years of age are illegal under the laws of this State; and

                   (III) Confirms that the prospective purchaser desires to receive mailings from a tobacco company.

      (b) Makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser pursuant to paragraph (a) against any federal or commercially available database established for that purpose.

      (c) Sends to the prospective purchaser, by electronic mail or other means, a notice which meets the requirements of subsection 2 and requests confirmation that the order for the delivery sale was placed by the prospective purchaser.

      (d) Receives from the prospective purchaser confirmation, pursuant to the request described in paragraph (c), that such person placed the order for the delivery sale.

      (e) Receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in that purchaser’s name.

      2.  The notice required by paragraph (c) of subsection 1 must include:

      (a) A prominent and clearly legible statement that the sale of cigarettes to children under 18 years of age is illegal;

      (b) A prominent and clearly legible statement that the sale of cigarettes is restricted to persons who provide verifiable proof of age in accordance with this section; and

      (c) A prominent and clearly legible statement that sales of cigarettes are taxable under this chapter, and an explanation of how the tax has been or is to be paid with respect to the delivery sale.

      3.  Persons accepting orders for delivery sales may request that prospective purchasers provide their electronic mail addresses.

      (Added to NRS by 2005, 1188)