reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.200 - Definitions.

As used in NRS 597.190 to 597.255, inclusive, unless the context otherwise requires:
1. "Alcoholic beverage" means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.
2. "Brew pub" means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.
3. "Case of spirits" means 12 bottles, each containing 750 milliliters of distilled spirits.
4. "Craft distillery" means an establishment which:
(a) Manufactures distilled spirits from agricultural raw materials through distillation; and
(b) Is authorized to sell those distilled spirits pursuant to the provisions of this chapter.
5. "Distillation" means the process of producing or purifying spirituous liquor by successive evaporation and condensation.
6. "Engage in" includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.
7. "Estate distillery" means an establishment which:
(a) Manufactures distilled spirits from agricultural raw materials through distillation, provided that 85 percent of such agricultural raw materials, in the aggregate, were grown on land within this State which is owned or controlled by the owner of the distillery; and
(b) Is authorized to sell those distilled spirits pursuant to the provisions of this chapter.
8. "Instructional wine-making facility" means an instructional wine-making facility operated pursuant to NRS 597.245.
9. "Legal age" means the age at which a person is legally permitted to purchase an alcoholic beverage pursuant to NRS 202.020.
10. "Malt beverage" means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.
11. "Special event" means an event that:
(a) Lasts not longer than 1 calendar day; and
(b) Occurs at:
(1) A farmers’ market, as defined in NRS 244.336; or
(2) An event designated as a county fair by a county fair and recreation board appointed pursuant to NRS 244A.599, 244A.601 or 244A.603.
12. "Supplier" has the meaning ascribed to it in NRS 597.140.
13. "Wine" has the meaning ascribed to it in NRS 369.140.
(Added to NRS by 1975, 623; A 1985, 531; 1991, 108; 1995, 1570; 2005, 1272, 1326; 2013, 2562; 2015, 883; 2017, 2579, 2587)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.210 - Limitations on engaging in business of importing, wholesaling or retailing alcoholic beverages.

1. Except as otherwise provided in subsection 2, a person engaged in business as a supplier or engaged in the business of manufacturing, blending or bottling alcoholic beverages within or without this State shall not:
(a) Engage in the business of importing, wholesaling or retailing alcoholic beverages; or
(b) Operate or otherwise locate his or her business on the premises or property of another person engaged in the business of importing, wholesaling or retailing alcoholic beverages.
2. This section does not:
(a) Preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.
(b) Prohibit a person engaged in the business of rectifying or bottling alcoholic beverages from importing neutral or distilled spirits in bulk only for the express purpose of rectification pursuant to NRS 369.415.
(c) Prohibit a person from operating a brew pub pursuant to NRS 597.230.
(d) Prohibit a person from operating an instructional wine-making facility pursuant to NRS 597.245.
(e) Prohibit a person from operating a craft distillery pursuant to NRS 597.235.
(f) Prohibit a person from operating an estate distillery pursuant to NRS 597.237.
(g) Prohibit a person from operating a winery pursuant to NRS 597.240.
(Added to NRS by 1975, 623, 1463; A 1991, 109, 384; 1995, 1570; 2005, 1273, 1326; 2013, 2563; 2015, 551; 2017, 2587)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.220 - Importer or wholesaler prohibited from engaging in business of retailing alcoholic beverages or operating or locating business on premises or property of supplier; exceptions.

1. Except as otherwise provided in NRS 597.235 and 597.237, a person who is engaged in the business of importing or wholesaling alcoholic beverages in the State of Nevada shall not:
(a) Engage in the business of retailing alcoholic beverages in this state; or
(b) Operate or otherwise locate his or her business on the premises or other property of any supplier.
2. For the purposes of this section, a person who transfers or receives alcoholic beverages in the manner described in NRS 369.4865 must not be considered to be engaged in the business of wholesaling alcoholic beverages based solely upon those transfers.
(Added to NRS by 1975, 624; A 2001 Special Session, 165; 2013, 814, 2563; 2017, 2588)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.235 - Operation of craft distillery.

1. A person may operate a craft distillery if the person:
(a) Obtains a license for the facility pursuant to chapter 369 of NRS;
(b) Complies with the requirements of this chapter; and
(c) Complies with any other applicable governmental requirements.
2. A person who operates a craft distillery pursuant to this section may:
(a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the craft distillery shall ensure that none of the spirits manufactured at the craft distillery are derived from neutral or distilled spirits manufactured by another manufacturer.
(b) Except as otherwise provided in paragraphs (f) and (g), in any calendar year, sell and transport in Nevada not more than a combined total of 10,000 cases of spirits at all the craft distilleries that the person operates to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.
(c) In any calendar year, manufacture for exportation to another state, not more than a combined total of 40,000 cases of spirits at all the craft distilleries the person operates.
(d) On the premises of the craft distillery, serve samples of the spirits manufactured at the craft distillery. Any such samples must not exceed, per person, per day, 4 fluid ounces in volume.
(e) On the premises of the craft distillery, sell the spirits manufactured at the craft distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 1 case of spirits and not exceed, per person, per year, 6 cases of spirits. Spirits purchased on the premises of a craft distillery must not be resold by the purchaser or any retail liquor store.
(f) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the craft distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.
(g) Transfer in bulk neutral or distilled spirits manufactured at the craft distillery to a supplier. Any such transfer:
(1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State; and
(2) Is not a sale for the purposes of paragraph (b) or manufacturing for exportation for the purposes of paragraph (c).
(Added to NRS by 2013, 2561; A 2015, 884; 2017, 2588)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.250 - Violations: Suspension or revocation of license.

The license of any person who violates the provisions of NRS 597.210, 597.220, 597.230, 597.235, 597.237 or 597.245 must be suspended or revoked in the manner provided in chapter 369 of NRS.
(Added to NRS by 1975, 624; A 1991, 384; 2005, 1273; 2013, 2564; 2017, 2589)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.255 - Violations: Civil penalties.

1. A person who has suffered injury, including, without limitation, economic damage, as the proximate result of a violation of the provisions of this section and NRS 597.190 to 597.245, inclusive, may bring a civil action against the person who committed the violation to recover:
(a) For the first violation, $100 plus the injured person’s actual damages, attorney’s fees and costs, if any.
(b) For the second violation, $250 plus the injured person’s actual damages, attorney’s fees and costs, if any.
(c) For the third and any subsequent violation, $500 plus the injured person’s actual damages, attorney’s fees and costs, if any, and any punitive damages that the facts may warrant.
2. Any person, including, without limitation, a director, officer, agent or employee of the person, who knowingly violates or knowingly aids or assists in the violation of any provision of this section and NRS 597.190 to 597.245, inclusive, is liable under this section.
3. Except as otherwise provided in NRS 597.157, 597.170 and 597.260, and in addition to any legal action brought pursuant to NRS 597.262, the provisions of this section do not preclude a person from seeking any other legal remedy available.
(Added to NRS by 2015, 883; A 2017, 2589)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.260 - Penalty; civil liability.

1. It is unlawful for a retailer of alcoholic beverages to substitute one brand of alcoholic beverage for a brand that has been specifically requested by the customer, unless the customer consents to the substitution. Any violation of this subsection by an employee must be attributed to the retailer.
2. A retailer who violates the provisions of subsection 1:
(a) For the first offense, is guilty of a misdemeanor and shall be fined an amount not to exceed $1,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(b) For the second offense, is guilty of a gross misdemeanor and shall be fined an amount not to exceed $2,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be fined an amount equal to the costs of prosecution. The court shall impose no other criminal penalty, but shall, within 5 working days after the conviction, issue an order revoking the license to sell intoxicating liquor of the business and forward a certified copy of the order to the liquor board of county or governing body of the city, as applicable, which licensed the sale of liquor at the retailer’s place of business. The board shall not reissue such a license for that place of business for a period of at least 1 year.
3. In addition to the criminal penalties set forth in this section, the retailer, upon conviction, is liable in civil suit to the customer and to the supplier and wholesaler of the requested alcoholic beverage for the damages which result from the substitution. The court shall award the prevailing party in such an action attorney’s fees and his or her costs of the action.
4. As used in this section:
(a) "Alcoholic beverage" has the meaning ascribed to it in NRS 202.015.
(b) "Retailer" means the owner of a business where alcoholic beverages are sold by the drink. The term includes any person employed by the owner.
(c) "Supplier" has the meaning ascribed to it in NRS 597.140.
(d) "Wholesaler" has the meaning ascribed to it in NRS 597.150.
(Added to NRS by 1991, 360; A 1995, 1572)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.262 - Enforcement by Attorney General and district attorneys; exceptions.

1. Except as otherwise provided in this section and NRS 228.380, the Attorney General has primary jurisdiction to enforce the provisions of NRS 597.120 to 597.260, inclusive, and shall cause appropriate legal action to be taken to enforce those provisions.
2. The Attorney General has concurrent jurisdiction with the district attorneys of this State to enforce the provisions of NRS 597.225 and 597.245.
3. This section does not prohibit:
(a) A wholesaler from bringing an action against a supplier pursuant to NRS 597.157 or 597.170.
(b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.
(Added to NRS by 2003, 973; A 2005, 1273; 2009, 1544)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.264 - Definitions.

As used in NRS 597.264 to 597.2667, inclusive, unless the context otherwise requires the words and terms defined in NRS 597.2643 to 597.265, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 942)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2643 - "Assistive device" defined.

"Assistive device" means a device purchased or accepted for delivery in this state that enhances the ability of a person to perform a major life activity, including, but not limited to:
1. Manual or motorized wheelchairs, scooters and other devices that enhance the ability of a person to move;
2. Hearing aids, devices for telecommunication and any other devices that enhance the ability of a person to hear;
3. Voice synthesizers, optical scanners, Braille printers and any other devices that enhance the ability of a person to communicate;
4. Light amplifiers, magnification equipment, Braille equipment and any other devices that enhance the ability of a person to see; and
5. Any other device that enhances the ability of a person to move, hear, communicate or see.
(Added to NRS by 1997, 942)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2645 - "Consumer" defined.

"Consumer" means:
1. A person who leases or purchases, other than for the purposes of resale, an assistive device;
2. A person to whom an assistive device is transferred during the period the express warranty of a manufacturer is in effect; or
3. Any other person who is entitled by the terms of the warranty to enforce its obligations.
(Added to NRS by 1997, 943)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2653 - Manufacturer to provide express warranty for new assistive device; effective period of warranty; failure to provide warranty.

1. A manufacturer who, directly or through a dealer, sells or leases to a consumer in this state an assistive device that has not been previously sold or leased shall provide an express warranty for that device. The express warranty does not:
(a) Take effect until the consumer takes possession of the device; and
(b) Expire less than 1 year after the delivery of the device to the consumer.
2. If a manufacturer fails to provide an express warranty required by this section, the assistive device shall be deemed to be covered by the express warranty of the manufacturer.
(Added to NRS by 1997, 943)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2655 - Repair of assistive device not in conformance with express warranty.

If an assistive device does not conform to the express warranty of the manufacturer and the consumer reports the nonconformity to the manufacturer or dealer and makes the assistive device available for repair before the expiration of the express warranty, the manufacturer or dealer shall make the repairs necessary to conform the assistive device to the express warranty without regard to whether the repairs will be made after the expiration of the express warranty.
(Added to NRS by 1997, 943)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2657 - Inability of manufacturer or dealer to conform assistive device to express warranty after reasonable number of repairs: Replacement or refund; presumptions.

1. If, after a reasonable number of repairs, the manufacturer or dealer is unable to conform the assistive device to the express warranty and the defect or condition causing the nonconformity substantially impairs the use and value of the assistive device to the consumer and is not the result of abuse, neglect or unauthorized modifications or alterations of the assistive device by the consumer, the manufacturer shall:
(a) Replace the assistive device with an assistive device of the same model and having the same features as the replaced device, or if such a device cannot be delivered to the consumer within a reasonable period, a comparable assistive device substantially similar to the replaced device; or
(b) Accept the return of the assistive device from the consumer and refund to the consumer, within 30 days after the return of the device, the purchase price of the device, including all sales taxes and finance charges paid by the consumer, and any other expenses related to the purchase and use of the assistive device, less a reasonable allowance for use of the assistive device. As used in this paragraph "reasonable allowance for use" means that amount that is directly attributable to the use of the device by the consumer before his or her first report of the nonconformity to the manufacturer or dealer and during any subsequent period that the assistive device is not out of service for repairs.
2. It is presumed that a reasonable number of repairs have been undertaken to conform an assistive device to an applicable express warranty if:
(a) The same nonconformity has been subject to repair three or more times by the manufacturer or dealer within the time the express warranty is in effect, but the nonconformity continues to exist; or
(b) The assistive device is unavailable for use by the consumer because of a nonconformity for a cumulative total of 30 days or more within the period the express warranty is in effect, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or dealer, the number of days required to give rise to the presumption must be appropriately extended.
(Added to NRS by 1997, 943)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.266 - Manufacturer to reimburse consumer for rental of assistive device in certain circumstances; action against dealer for failure to deliver assistive device for repair in timely manner.

1. If an assistive device covered by an express warranty of a manufacturer is made available for repair pursuant to NRS 597.2655 and:
(a) The device is not repaired within 10 working days, including the day on which the assistive device is made available for repair; or
(b) The defect or malfunction that is the cause of nonconformity is the same defect or malfunction for which the assistive device has been made available for repair two or more times,
the manufacturer shall provide to the consumer, for the duration of the period of repair, a reimbursement of not more than $30 each day for the rental of an assistive device.
2. If a dealer does not deliver the assistive device to the manufacturer in a timely manner that allows the manufacturer to repair the device within 10 working days, the manufacturer may bring an action against the dealer for reimbursement of any money that the manufacturer is required to pay to a consumer pursuant to subsection 1.
(Added to NRS by 1997, 944)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2663 - Sale or lease of returned assistive device prohibited unless reason for return disclosed to prospective consumer.

An assistive device that is returned to a manufacturer by a consumer in this state pursuant to NRS 597.2657 may not be sold or leased in this state unless the reason for the return of the assistive device is disclosed to the prospective consumer.
(Added to NRS by 1997, 944)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2665 - Action for damages and equitable relief; costs and attorney’s fees.

1. In addition to any other remedy available to a consumer, a consumer may bring an action to recover any damages caused by a manufacturer or dealer who violates any of the provisions of NRS 597.264 to 597.2667, inclusive.
2. The court shall award to the prevailing party not more than twice the amount of the damages, and costs, including attorney’s fees and any equitable relief that the court determines is appropriate.
(Added to NRS by 1997, 944)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.2667 - Rights and remedies not exclusive; waiver of rights void.

1. The provisions of NRS 597.264 to 597.2667, inclusive, do not limit any rights or remedies a consumer may have pursuant to any other law or agreement.
2. A waiver by a consumer of any of the rights provided pursuant to NRS 597.264 to 597.2667, inclusive, is void.
(Added to NRS by 1997, 944)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.270 - Definitions.

As used in NRS 597.270 to 597.470, inclusive, unless the context requires otherwise, the words and terms defined in NRS 597.280 to 597.380, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1975, 1280; A 1987, 2197; 1999, 702)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.300 - "Franchise" and "franchise agreement" defined.

"Franchise" or "franchise agreement" means a written or oral agreement between a refiner and a retailer under which the retailer is granted the right:
1. To use a trademark, trade name, service mark or other identifying symbol or name owned by the refiner; or
2. To occupy premises owned, leased or controlled by the refiner, for the purpose of engaging in the retail sale of motor vehicle fuel.
(Added to NRS by 1987, 2196)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.305 - "Lessee dealer" defined.

"Lessee dealer" means a retailer who operates a service station pursuant to a franchise agreement if the service station is leased to the retailer by the refiner with whom the retailer has entered into the franchise agreement.
(Added to NRS by 1997, 2015)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.340 - "Refiner" defined.

"Refiner" means any person, including an affiliate, who:
1. Produced quantities of crude oil equal to more than 30 percent of the domestic and imported crude oil supplied to his or her refinery during the most recent calendar year for which information is available;
2. Refines motor vehicle fuel from crude oil; and
3. Has a total refinery capacity of more than 175,000 barrels a day.
(Added to NRS by 1987, 2196)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.390 - Prohibited practices of refiners.

A refiner shall not, directly or indirectly or through any officer, agent or employee:
1. Prohibit, directly or indirectly, the right of free association among retailers or wholesale purchasers for any lawful purpose.
2. Change or modify any restrictions upon business activities of a retailer during the term of the franchise that are not related to the sale of motor vehicle fuel or other petroleum products.
3. Unreasonably reduce, limit or curtail the supply of motor vehicle fuel or other petroleum products to any retailer or wholesale purchaser.
4. Place unreasonable restrictions upon business activities of a retailer that are not related to the sale of motor vehicle fuel or other petroleum products or upon any business activities of a wholesale purchaser.
(Added to NRS by 1975, 1281; A 1987, 2198)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.400 - Circumstances under which fair compensation is required on failure of refiner to renew franchise.

1. A refiner shall not fail to renew the franchise of any retailer without fairly compensating the retailer at a fair going business value for his or her capital investment if:
(a) The capital investment was entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and
(b) The cancellation or failure to renew was not done in good faith.
2. For the purposes of this section, "capital investment" includes, but is not limited to, tools, equipment and any inventory of parts possessed by the retailer on the day of notification of cancellation or nonrenewal and which are still in the retailer’s possession on the day the cancellation or nonrenewal is effective.
(Added to NRS by 1975, 1281; A 1987, 2199)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.410 - Required notice of termination, cancellation or failure to renew franchise or contract.

1. Except as otherwise provided in subsection 2 or 3, a refiner shall not, directly or indirectly, or through an officer, agent or employee terminate, cancel or fail to renew a franchise or a contract with a wholesale purchaser without first giving to the retailer or wholesale purchaser written notice as follows:
(a) In case of cancellation or termination, specifying all matters of claimed noncompliance with the agreement and allowing the other party at least 30 days to comply with the terms of the agreement. If the other party does not comply, the cancellation or termination is effective on the date set forth in the notice.
(b) At least 30 days before the expiration of a term of an agreement, specifying:
(1) All the reasons for any intention of the refiner not to renew; or
(2) Any change in price, rent, terms or conditions to which renewal of the agreement is subject.
2. If the alleged ground is voluntary abandonment by the retailer of the franchise, or by the wholesale purchaser of his or her contract, the written notice may be given 3 days before the termination or cancellation.
3. If the alleged ground is the conviction of the retailer of a crime punishable as a felony and related to the business conducted pursuant to the franchise, termination, cancellation or failure to renew may be effective immediately.
(Added to NRS by 1975, 1281; A 1987, 2199)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.420 - Effect of failure to serve notice.

The failure of a refiner to serve notice upon a retailer or wholesale purchaser as required in NRS 597.410 constitutes a grant of the option by the refiner to the retailer or wholesale purchaser to renew the franchise or contract for a period of 1 year under the same price, rent, terms and conditions as the expiring agreement. The option expires 45 days after the date when notice should have been served, unless exercised by written notice to the refiner.
(Added to NRS by 1975, 1282; A 1987, 2199)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.430 - Manner of giving notice.

All notices required of refiners under NRS 597.410 or 597.420 must be given in writing by certified mail, return receipt requested, to:
1. The address indicated in the agreement or as subsequently changed by the party in writing; or
2. If no address was designated, the party’s place of business.
(Added to NRS by 1975, 1282; A 1987, 2200)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.440 - Restrictions on refiner’s operation of service stations.

On or after January 1, 2001, a refiner who engages in the direct operation of:
1. Less than 30 service stations in this state, with his or her own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of not more than 5 additional service stations per calendar year, but in no case may the refiner commence the direct operation of more than 30 service stations without complying with the provisions of subsection 2.
2. At least 30 service stations in this state, with his or her own employees or through a subsidiary or commissioned agent or a person on the basis of a fee, may commence the direct operation of additional service stations per year, with his or her own employees or through a subsidiary or commissioned agent or person on the basis of a fee, only if, during the year in which the service stations are added, the refiner leases, in addition to the number of service stations leased by the refiner to lessee dealers on July 1, 1997, at least 1 additional service station to a lessee dealer for every 2 directly operated service stations added. For the purposes of this subsection, an additional service station leased by the refiner to a lessee dealer before the refiner engages in the direct operation of at least 30 service stations shall be deemed to be 1 service station leased to a lessee dealer during any year following the year in which the refiner engages in the direct operation of at least 30 service stations.
(Added to NRS by 1987, 2197; A 1997, 2016; 2003, 1221)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.450 - Temporary operation of service station by refiner; limitations on temporary operation; price of motor vehicle fuel sold to other retailers.

1. If a refiner is unable to commence the direct operation of a service station because of the restrictions set forth in NRS 597.440, the refiner may operate the service station temporarily for not more than 180 days if:
(a) The retailer voluntarily terminates or agrees not to renew the franchise for the service station; or
(b) The franchise for the service station is terminated by the refiner pursuant to NRS 597.270 to 597.470, inclusive.
2. During the temporary operation of a service station by a refiner, the refiner may sell motor vehicle fuel to other retailers in the marketing area of that service station at a price not less than 4 cents below the retail price of fuel at the service station the refiner is operating.
(Added to NRS by 1987, 2197; A 2003, 1222)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.460 - Refiner’s failure to act in good faith or use of undue influence prohibited.

A refiner shall not, directly or indirectly or through any officer, agent or employee:
1. Fail to act in good faith in performing or complying with any term or provision of, or collateral to, a franchise or a contract with a wholesale purchaser.
2. Use undue influence to induce a retailer to surrender any right given to the retailer by any provision contained in the franchise.
(Added to NRS by 1987, 2197)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.470 - Judicial relief; costs and attorney’s fees.

1. A retailer, wholesale purchaser or refiner may bring an action against the other party for violation of their respective agreements and may:
(a) Recover the damages sustained.
(b) Obtain injunctive relief to prevent loss of rights or restore rights lost.
2. The remedies provided in this section are independent of and supplemental to any other remedy available to the retailer, wholesale purchaser or refiner in law or equity.
3. In any action under this section the prevailing party is entitled to recover from the losing party all costs incurred, including reasonable attorney’s fees.
(Added to NRS by 1975, 1282; A 1987, 2200)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.600 - Definitions.

As used in NRS 597.600 to 597.688, inclusive, unless the context otherwise requires:
1. "Buyer" means:
(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.
(b) Any person to whom the motor vehicle is transferred during the time a manufacturer’s express warranty applicable to the motor vehicle is in effect.
(c) Any other person entitled by the terms of the warranty to enforce its obligations.
2. Except as otherwise provided in this subsection, "motor vehicle" has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.
(Added to NRS by 1983, 610; A 1985, 2026; 1995, 2366; 2005, 1249)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.610 - Report of defect in motor vehicle; duty of manufacturer.

If a new motor vehicle does not conform to all of the manufacturer’s applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer:
1. Before the expiration of the manufacturer’s express warranties; or
2. No later than 1 year after the date the motor vehicle is delivered to the original buyer,
whichever occurs earlier, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or the time described in subsection 2.
(Added to NRS by 1983, 610)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.620 - Submission of claim to manufacturer for replacement or refund according to designated procedure.

If the manufacturer has established or designated a procedure for settling disputes informally which substantially complies with the provisions of Title 16 of the Code of Federal Regulations, Part 703, a buyer must first submit his or her claim for replacement of the motor vehicle or for refund of the purchase price under that procedure before bringing any action under NRS 597.630.
(Added to NRS by 1983, 612)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.630 - Duties of manufacturer if motor vehicle cannot be conformed to express warranties.

1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
(b) Accept return of the motor vehicle from the buyer and refund to him or her the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his or her use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his or her first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear.
2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:
(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or
(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.
(Added to NRS by 1983, 611)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.640 - Tolling of period for express warranties.

For the purposes of NRS 597.600 to 597.670, inclusive, the running of the time an express warranty is in effect or of any other period of time described in those sections is tolled for the time during which services to repair the motor vehicle are not reasonably available to the buyer because of a war, invasion or strike, or because of a fire, flood or other natural disaster.
(Added to NRS by 1983, 611)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.650 - Commencement of action by buyer.

Any action brought pursuant to NRS 597.600 to 597.630, inclusive, must be commenced within 18 months after the date of the original delivery of the motor vehicle to the buyer.
(Added to NRS by 1983, 612)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.660 - Waiver of rights by buyer prohibited.

Any provision in any agreement between the manufacturer or its agent or authorized dealer and the buyer which provides that the buyer agrees to waive or forego any rights or remedies afforded by NRS 597.600 to 597.630, inclusive, is void.
(Added to NRS by 1983, 612)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.680 - Reimbursement by manufacturer for cost of repairs to conform vehicle to express warranties.

The manufacturer shall reimburse its agent or authorized dealer for the cost of repairs made to a motor vehicle to conform it to the manufacturer’s express warranties. The reimbursement must be paid at the rate usually billed by the agent or dealer to the general public for similar repairs.
(Added to NRS by 1985, 2026)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.684 - Lemon Law Buyback: Form of notice.

1. The notice required pursuant to subsections 1, 2 and 3 of NRS 597.682 must be prepared by the manufacturer of the reacquired motor vehicle and specify:
(a) The year, make, model and vehicle identification number of the motor vehicle.
(b) Whether the certificate of title for the motor vehicle has been inscribed with the notation "Lemon Law Buyback."
(c) The nature of each nonconformity reported by the original buyer or lessee of the motor vehicle.
(d) The repairs, if any, made to the motor vehicle in an attempt to correct each nonconformity reported by the original buyer or lessee.
2. The notice must be included on a form 8 1/2 x 11 inches in size and printed in a size equal to at least 10-point black type on a white background. The form must only contain the following information and be completed by the manufacturer:
WARRANTY BUYBACK NOTICE
(Check One)
/__/ This vehicle was repurchased by the vehicle’s manufacturer after the last retail owner or lessee requested its repurchase because of the problems listed below.
/__/ THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER BECAUSE OF A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY INSCRIBED WITH THE NOTATION "LEMON LAW BUYBACK." Under Nevada law, the manufacturer must warrant to you, for 1 year, that the vehicle is free of the problems listed below.
V.I.N.
Year
Make
Model
Problem(s) Reported by Original Owner
Repairs Made, if any, to Correct Reported Problem(s)
Signature of Manufacturer Date
..................................................................
Signature of Dealers Date
..................................................................
..................................................................
Signature of Retail Buyer or Lessee Date
..................................................................
..................................................................
(Added to NRS by 2005, 1247)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.686 - Lemon Law Buyback: Prohibition against certain nondisclosure agreements.

1. A manufacturer, importer, distributor, dealer or lienholder who reacquires or assists in reacquiring a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement or voluntary agreement, shall not:
(a) Require, as a condition of the reacquisition of the motor vehicle, a buyer or lessee who is a resident of this State to agree to refrain from disclosing the problems with the motor vehicle experienced by the buyer or lessee or the nonfinancial terms of the reacquisition.
(b) Include, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer or lienholder, for signature by the buyer or lessee, a confidentiality clause, gag clause or similar clause prohibiting the buyer or lessee from disclosing information to any other person concerning the problems with the motor vehicle or the nonfinancial terms of the reacquisition of the motor vehicle by the manufacturer, importer, distributor, dealer or lienholder.
2. Any confidentiality clause, gag clause or similar clause included in the release or other agreement in violation of this section is void.
3. The provisions of this section do not prohibit the inclusion within the release or other agreement any confidentiality clause, gag clause or similar clause regarding the financial terms of the reacquisition of the motor vehicle.
(Added to NRS by 2005, 1248)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.688 - Lemon Law Buyback: Civil action.

A person who incurs an injury or damages as the proximate result of a violation of the provisions of NRS 597.682, 597.684 or 597.686 may commence an action in a court of competent jurisdiction for the recovery of his or her actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.
(Added to NRS by 2005, 1249)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.690 - Manufacturer required to remedy defects in vehicle related to safety without charge.

1. Every manufacturer of a vehicle who furnishes notification to the registered owner of the vehicle of any defect in the vehicle related to vehicle safety shall, notwithstanding the limitations of any warranty relating to such vehicle, correct such defect at the manufacturer’s expense and without charge to the registered owner of the vehicle if the vehicle is returned to any vehicle dealer franchised by the manufacturer to market the vehicle, or, at the election of the manufacturer, reimburse the registered owner for the actual cost of making such correction.
2. This section does not require a vehicle dealer to make the required correction if the manufacturer has failed to make available to the dealer the parts needed to make the correction.
(Added to NRS by 1973, 675)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.710 - Unlawful to place certain transparent material upon windshield or side or rear window of motor vehicle for compensation; exception.

It is unlawful for a person, for compensation, to place, install, affix or apply upon the windshield or side or rear window of a motor vehicle any transparent material which alters the color or reduces the light transmission of the windshield or side or rear window unless he or she displays conspicuously in those areas of his or her place of business frequented by persons seeking such services a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:
STATE LAW PROHIBITS THE PLACEMENT OF ANY MATERIAL ON A WINDSHIELD OR SIDE OR REAR WINDOW WHICH ALTERS THE COLOR OR REDUCES THE LIGHT TRANSMISSION OF THE WINDSHIELD OR ANY SIDE OR REAR WINDOW OF A MOTOR VEHICLE, EXCEPT THAT THIS PROHIBITION DOES NOT APPLY TO:
1. A WINDOW THAT IS TO THE IMMEDIATE RIGHT OR LEFT OF THE DRIVER IF THE WINDOW IS:
(A) NONREFLECTIVE; AND
(B) HAS A TOTAL LIGHT TRANSMISSION THROUGH THE COMBINATION, IF ANY, OF TRANSPARENT MATERIAL AND SAFETY GLAZING OF NOT LESS THAN 35 PERCENT WITH A TOLERANCE OF 7 PERCENT.
2. A SIDE WINDOW THAT IS TO THE REAR OF THE DRIVER, OR A REAR WINDOW, IF THE VEHICLE HAS OUTSIDE MIRRORS ON EACH SIDE THAT ARE LOCATED SO AS TO REFLECT TO THE DRIVER A VIEW OF THE HIGHWAY THROUGH EACH MIRROR FOR A DISTANCE OF NOT LESS THAN 200 FEET TO THE REAR OF THE VEHICLE.
3. ANY TRANSPARENT MATERIAL THAT IS INSTALLED, AFFIXED OR APPLIED TO THE TOPMOST PORTION OF THE WINDSHIELD IF:
(A) THE BOTTOM EDGE OF THE MATERIAL IS NOT LESS THAN 29 INCHES ABOVE THE UNDEPRESSED DRIVER’S SEAT WHEN MEASURED FROM A POINT 5 INCHES IN FRONT OF THE BOTTOM OF THE BACKREST WITH THE DRIVER’S SEAT IN ITS REARMOST AND LOWERMOST POSITION WITH THE VEHICLE ON A LEVEL SURFACE; AND
(B) THE MATERIAL IS NOT RED OR AMBER IN COLOR.
(Added to NRS by 1993, 2434)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.711 - Definitions.

As used in NRS 597.711 to 597.7118, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7112, 597.7114 and 597.7116 have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 2440)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7112 - "Children’s product" defined.

"Children’s product" means a consumer product that is designed or intended:
1. For the care of or use by a child under 12 years of age; or
2. To come into physical contact with a child under 12 years of age at the time the product is used.
For the purposes of this subsection, "children’s product" does not include soap or any medication, drug, food or other product that is intended to be ingested or that is regulated by the Food and Drug Administration of the United States Department of Health and Human Services.
(Added to NRS by 2009, 2441)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7114 - "Retailer" defined.

"Retailer" means a person who, in the ordinary course of business, advertises, sells or offers for sale, leases, sublets or otherwise distributes a new or used children’s product to consumers in this State, including, without limitation, thrift stores, second-hand stores and consignment stores.
(Added to NRS by 2009, 2441)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7116 - "Warning" defined.

"Warning" means a communication which is about a health or safety hazard that a children’s product poses to consumers and which is:
1. Directed to a retailer; and
2. Intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children’s product from the retailer’s inventory or provide the retailer with a method to eliminate the health or safety hazard from the children’s product.
For the purposes of this section, "warning" does not include a communication which is directed to consumers and affixed to the children’s product or any packaging material for the children’s product or provided by the retailer to the consumer as part of a transaction relating to the children’s product.
(Added to NRS by 2009, 2441)