reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.547 - Proposals for location of facilities for storage: Hearings; payment of costs; physical inspection of site; considerations.

1. Any hearing held by the Board on the proposed location of a facility for the storage of liquefied petroleum gas in a town in which no zoning ordinances or regulations apply must be held in the town in which the proposed facility would be located. The person requesting approval of the facility shall pay to the Board any costs incurred by the Board in conducting the hearing and inspection of the site of the proposed facility, including:
(a) Costs to employ an attorney or other consultant; and
(b) Per diem allowances and travel expenses.
If the Board determines that costs associated with the hearing will be substantial, it may require the person requesting approval of the facility to pay a part of the anticipated costs in advance of the hearing.
2. The Board shall provide for the physical inspection of the site of the proposed facility for the storage of liquefied petroleum gas before the application is approved or denied by the Board.
3. In determining whether to approve the facility for the storage of liquefied petroleum gas, the Board shall consider:
(a) The health and safety of the residents of the area where the facility would be located.
(b) The availability of water for fighting any fire at the facility or in the surrounding area.
(c) The proximity of schools, residences, commercial establishments and other structures to the site and the risk of injury to persons or damage to property in the event of an emergency at the facility.
(Added to NRS by 1987, 1537; A 1993, 444)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.549 - Power of Board to issue, suspend and revoke licenses; fees established by regulation.

1. The Board may:
(a) Prescribe the method and form of application for a license to sell, deliver, transport, transfer or dispense or engage in any other activity relating to liquefied petroleum gas;
(b) Investigate the experience, reputation and background of applicants;
(c) Issue, suspend, revoke or deny licenses; and
(d) Conduct hearings in connection with applications for, or revocation of, licenses.
In conducting hearings on the issuance or revocation of any license, the Board may compel the attendance of witnesses by use of subpoena and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
2. The Board may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of insurance against liability for injury to persons and damage to property.
3. The Board shall adopt regulations setting fees for applications, licenses and inspections adequate to cover the cost of the operations of the Board.
4. The Board may suspend or revoke licenses and refuse renewals of licenses if the applicant or licensee has been guilty of acts or conduct harmful to either the safety or protection of the public.
(Added to NRS by 1987, 1536)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.555 - Applications for licenses: Requirement; contents; fees.

1. Applications for any licenses required by NRS 590.465 to 590.645, inclusive, must be made to the Board prior to conducting any business of installing equipment for the use of LPG or prior to engaging in the business of selling LPG. No person may install or conduct any business of installing equipment for the use of LPG or engage in the business of selling LPG until such person has obtained a license from the Board.
2. The application must include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.
3. Each application must be accompanied by the application fee and the annual license fee for the particular classification for each business or premises for which the license is sought as provided for in NRS 590.465 to 590.645, inclusive.
(Added to NRS by 1957, 479; A 1959, 225; 1991, 388)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.565 - Denial or issuance of licenses; copy of order denying license to be served on Governor and applicant.

1. The Board shall approve or disapprove all applications, and in the event an application is disapproved the Board shall promptly return to the applicant the license fee. Within 5 days after the denial of a license, the Board shall serve upon the applicant and the Governor a copy of the order denying the license, which order shall specify the reasons for the denial.
2. If it appears that the applicant is qualified by experience, education or knowledge to install equipment in a satisfactory and safe manner or is qualified by experience, education or knowledge to sell, transport or deliver the gas, and that the equipment used by the applicant complies with the minimum safety standards established by the Board, the Board shall approve the application and issue the appropriate license for the particular classification stated in NRS 590.465 to 590.645, inclusive.
(Added to NRS by 1957, 480; A 1959, 225)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.575 - Classifications.

For the purpose of administering the provisions of NRS 590.465 to 590.645, inclusive, and adopting the application and license fees to be remitted, the Board may classify any person, firm or corporation as follows:
1. Class 1. A fully licensed dealer who is engaged in the business of installing equipment for the use of LPG and who sells, fills, refills, delivers, or is permitted to deliver any LPG.
2. Class 2. A business engaged in the sale, transportation and exchange of cylinders, but not in transporting or transferring gas in liquid bulk.
3. Class 3. A business not engaged in the sale of LPG, but engaged in the sale and installation of gas-consuming appliances, piping, apparatuses, fixtures and connections.
4. Class 4. A business which operates one or more dispensers at a fixed location for the resale of propane to the public.
5. Class 5. Any other business engaged in activities relating to LPG which the Board determines requires a special license.
(Added to NRS by 1957, 480; A 1960, 108; 1983, 1234)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.585 - Contents of license.

1. Every license issued under NRS 590.465 to 590.645, inclusive, shall set forth the name of the person or persons to whom it is issued.
2. The license shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of business to be conducted.
(Added to NRS by 1957, 481)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.595 - Licenses nontransferable; notification of transfer or change in ownership; license fees nonrefundable.

1. Any license issued under the provisions of NRS 590.465 to 590.645, inclusive, shall not be transferable by the licensee or licensees to any other person, firm, association, partnership or corporation, and it shall be valid only for the particular premises and particular persons described therein.
2. Whenever there is any transfer or change in the ownership such change must be reported to the Board within 30 days.
3. No license fee paid under NRS 590.465 to 590.645, inclusive, shall be refunded whenever any license issued has ceased to be valid either because of a voluntary transfer of any nature, revocation under the provisions of NRS 590.465 to 590.645, inclusive, death, insolvency, assignment for the benefit of creditors, or for any other reason.
(Added to NRS by 1957, 481)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.615 - Variances from rules, regulations or specifications: Considerations.

When the Board finds, under such conditions as may arise, a variation from its rules, regulations or specifications which does not impair the safety of the public and persons using the materials which would otherwise be secure by compliance with such rules, regulations or specifications, the Board may, upon written application, consideration and investigation, grant a variance from the terms of the rules, regulations or specifications on such conditions as it may specify to insure the safety of the public and persons using the materials or services. In granting the variance, the Board shall take into consideration one or more of the following circumstances or conditions and the application shall specify which of them are relied upon:
1. The purpose and meaning embodied in the regulation from which the variance is requested and its relative importance in balancing the interests of the licensee and the community or public.
2. The reasons why the rules, regulations or specifications cannot be complied with.
3. If a consumer tank is involved, whether or not a fire hazard will be created or is maintained.
4. The openings which may or may not be made into any buildings below any regulator or container vents.
5. Whether or not the adjacent walls or exposures are fireproof.
6. Whether or not the installation will be safe in the event the variance is allowed.
7. Whether or not the installation will be exposed to crashes by moving vehicles.
8. Any other factors or considerations which impose a hardship on the licensee or which the Board deems appropriate for the granting of a variance.
(Added to NRS by 1957, 482; A 2015, 1688)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.625 - Attorney General is Board’s legal adviser.

The Attorney General for the State of Nevada and the Attorney General’s duly appointed deputies shall be the legal advisers of the Board on all matters, of every kind and nature, arising in the administration or enforcement of the provisions of NRS 590.465 to 590.645, inclusive, or the rules, regulations or specifications promulgated hereunder.
(Added to NRS by 1957, 482)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.635 - Duties of sheriffs and police officers.

The respective sheriffs within their counties, and all police officers of the State of Nevada, are charged with the duty, without further compensation, of assisting in the enforcement of NRS 590.465 to 590.645, inclusive, and shall, upon notice from the Board that a dealer or licensee is installing equipment or engaged in the sale of LPG without a license, or its license has been revoked or suspended, stop and abate such dealer or licensee from installing, selling or otherwise conducting business until such time as the requirements of NRS 590.465 to 590.645, inclusive, and all rules, regulations or specifications promulgated by the Board have been complied with.
(Added to NRS by 1957, 482)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.640 - Penalties; injunctive relief available to Board.

1. Any person who violates any of the provisions of NRS 590.465 to 590.645, inclusive, or any of the rules, regulations or specifications promulgated thereunder, is guilty of a misdemeanor.
2. If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against the provisions of NRS 590.465 to 590.645, inclusive, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining such conduct. Proceedings pursuant to this subsection must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.
(Added to NRS by 1959, 224; A 1989, 1840)
2023 Nevada Revised Statutes › Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze › NRS 590.645 - Promotion of safety by Division of Industrial Relations of Department of Business and Industry.

The Division of Industrial Relations of the Department of Business and Industry may promote safety in the liquefied petroleum gas industry within the State.
(Added to NRS by 1957, 483; A 1973, 1024; 1977, 581; 1981, 1536; 1991, 2437; 1993, 1797)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.010 - Definitions.

As used in NRS 597.010 to 597.110, inclusive, unless the context otherwise requires:
1. "Consummation" means the time at which a customer becomes contractually obligated under a lease agreement with an option to purchase.
2. "Customer" means a natural person who leases personal property which is to be used primarily for personal, family or household purposes pursuant to a lease agreement with an option to purchase.
3. "Lease agreement with an option to purchase" means an agreement:
(a) For the possession and use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of not more than 4 months;
(b) That is automatically renewable with each payment made after the initial period;
(c) That does not obligate or require the customer to continue leasing or using the property beyond the initial period; and
(d) That permits the customer to acquire the ownership of the property.
4. "Lessor" means a person who regularly provides the possession and use of property pursuant to a lease agreement with an option to purchase and to whom rental payments are initially payable as indicated on the face of the agreement.
(Added to NRS by 1991, 515)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.020 - Applicability of laws.

1. A lease agreement with an option to purchase which complies with the provisions of NRS 597.010 to 597.110, inclusive, is exempt from the provisions of law governing:
(a) A security interest as defined in NRS 104.1201.
(b) A door-to-door sale as defined in NRS 598.180.
(c) The sale of consumer goods as defined in NRS 104.9102.
2. The provisions of NRS 597.010 to 597.110, inclusive, do not apply to:
(a) A lease agreement with an option to purchase entered into primarily for business, commercial or agricultural purposes.
(b) A lease agreement with an option to purchase made with any governmental agency.
(c) The lease of a safe deposit box.
(d) A lease or bailment of personal property which is incidental to the lease of real property and which does not provide the customer with an option to purchase the leased property.
(e) The lease of a motor vehicle.
(Added to NRS by 1991, 516; A 1999, 393; 2005, 885)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.040 - Required disclosures: Manner of making; transactions with multiple lessors; effect of inaccuracy caused by customer.

1. The disclosures required to be made by NRS 597.030 must be made:
(a) At or before the consummation of the lease agreement with an option to purchase; and
(b) Clearly and conspicuously in writing on the face of the agreement, directly above the line for the customer’s signature.
2. In a transaction involving more than one lessor, only one lessor is required to make the required disclosures, but all lessors are bound by those disclosures.
3. If a disclosure becomes inaccurate after it is delivered to the customer because of an act or omission of the customer, the resulting inaccuracy is not a violation of the provisions of NRS 597.010 to 597.110, inclusive.
(Added to NRS by 1991, 517)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.050 - Lease agreement: Disclosures required upon renegotiation but not upon extension; when deemed to be renegotiated.

1. The disclosures required by NRS 597.030:
(a) Must be made if a lease agreement with an option to purchase is renegotiated.
(b) Are not required to be made if such an agreement is extended.
2. For the purposes of this section, a lease agreement with an option to purchase:
(a) Is renegotiated if it is replaced by a new agreement entered into by the same customer and lessor.
(b) Has not been renegotiated if:
(1) The leased property is exchanged or added to or individual items are returned and the average payment is not changed by more than 25 percent;
(2) One or more of the periodic payments or portions of a periodic payment are deferred or extended;
(3) Any additional fees charged are reduced; or
(4) It is the subject of a judicial proceeding.
(Added to NRS by 1991, 518)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.060 - Lease agreement: Prohibited provisions.

A lease agreement with an option to purchase may not contain:
1. A confession of judgment.
2. A negotiable instrument.
3. A security interest or any other claim to an interest in property other than the property delivered by the lessor pursuant to the agreement.
4. An assignment of wages.
5. A waiver by the customer of any claims or defenses.
6. A provision authorizing the lessor, or any other person acting on his or her behalf, to commit any breach of the peace, in order to repossess the leased property.
(Added to NRS by 1991, 518)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.070 - Lease agreement: Reinstatement after customer fails to make timely payment.

1. A customer who fails to make a timely payment may reinstate the lease agreement with an option to purchase without losing any rights or options contained in the agreement if the customer pays to the lessor:
(a) All payments that are past due;
(b) The reasonable costs of returning the property to the lessor and redelivering it to the customer, if the leased property has been returned to the lessor; and
(c) Any applicable fee for making a late payment.
2. The payments required to be made by subsection 1 must be made within:
(a) Five days after the date for renewing the agreement if the customer’s payments are required to be made monthly; or
(b) Two days after the date for renewing the agreement if the customer’s payments are required to be made more frequently.
3. If a customer has paid less than two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 21 days after the date on which the property was returned.
4. If a customer has paid at least two-thirds of the total amount of the payments necessary to acquire ownership of the leased property and, during the time set forth in subsection 2, returns or voluntarily surrenders the property to the lessor, other than pursuant to a judicial order, the customer may reinstate the agreement within 45 days after the date on which the property was returned.
5. This section does not prohibit a lessor from repossessing the leased property during the time allowed for reinstatement. If the lessor repossesses the leased property during that time:
(a) The repossession does not affect the customer’s right to reinstate the agreement.
(b) The lessor shall return the property to the customer or provide the customer with property which is of comparable quality and in comparable condition if the agreement is reinstated.
(Added to NRS by 1991, 518)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.090 - Advertisement for lease agreement that refers to payment or right to acquire ownership: Requirements; exception; liability.

1. An advertisement for a lease agreement with an option to purchase that refers to or states the amount of any required payment and the right to acquire ownership of any individual item of property must clearly and conspicuously indicate:
(a) That the transaction advertised is a lease agreement with an option to purchase;
(b) The total amount of payments necessary to acquire ownership of the property; and
(c) That the customer does not acquire ownership of the property if the total amount of payments is not paid.
2. This section does not apply to an advertisement for a lease agreement with an option to purchase which is published in a telephone or business directory.
3. This section does not create any liability for the acts of a publisher, owner, agent or employee of a newspaper, magazine, periodical, radio station, television station or other advertising medium for the publication or dissemination of an advertisement for a lease agreement with an option to purchase if the publisher, owner, agent or employee did not know that the advertisement violated the provisions of this section.
4. As used in this section, "advertisement" means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to enter into a lease agreement with an option to purchase.
(Added to NRS by 1991, 519)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.110 - Civil penalty.

Unless the lease agreement with an option to purchase provides otherwise:
1. In addition to any penalty imposed pursuant to NRS 597.100, the lessor or his or her assignee is liable, except as otherwise provided in subsection 3, in civil suit to the customer for an amount equal to the actual damages resulting from a violation of a provision of NRS 597.010 to 597.110, inclusive, or 25 percent of the total cost to acquire ownership of the property under the lease agreement, whichever amount is greater. The court shall award the prevailing party in such an action attorney’s fees and his or her costs of the action.
2. If the lessor commences a civil suit to enforce such a lease agreement, the customer may set off or counterclaim damages in the amount specified in subsection 1 for such a violation.
3. Such a civil penalty may not be imposed upon a lessor or his or her assignee unless:
(a) The customer has notified the lessor or, if applicable, his or her assignee in writing of the alleged violation; and
(b) The lessor or assignee does not correct the violation, if any, within 30 days after receiving the notice.
(Added to NRS by 1991, 519)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.112 - Definitions.

As used in NRS 597.112 to 597.118, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.1123 to 597.114, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 3399)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1127 - "Dealer agreement" defined.

"Dealer agreement" means an oral or written agreement between a supplier and a dealer by which:
1. A commercial relationship of definite duration or continuing indefinite duration is established;
2. The dealer is granted the right to offer and sell inventory at retail;
3. The dealer constitutes a component of a system for the distribution of inventory; and
4. The operation of a portion of the dealer’s business is substantially dependent upon the supplier for a continued supply of inventory.
(Added to NRS by 2003, 3399)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1137 - Superseded part" and "superseded repair part" defined.

"Superseded part" or "superseded repair part" means a part which has an equivalent function of a part which is available on the date of the termination of a dealer agreement.
(Added to NRS by 2003, 3400)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.114 - Supplier" defined.

"Supplier" means:
1. A manufacturer, wholesaler or wholesale distributor of new inventory;
2. A purchaser of the assets or shares of a surviving corporation resulting from a merger or liquidation of a supplier; or
3. A receiver, assignee or trustee of such a manufacturer, wholesaler or wholesale distributor.
(Added to NRS by 2003, 3400)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1147 - Return of surplus parts to supplier; credit for returned parts.

1. Each year a supplier shall allow each dealer with whom it has entered into a dealer agreement to return to the supplier for credit a portion of the surplus parts in the dealer’s inventory.
2. A supplier shall notify each dealer of the period it has designated for that dealer to submit a list of the surplus parts the dealer wishes to return and for that dealer to return the surplus parts to the supplier. The period designated for each dealer for the return of surplus parts must not be less than 90 days.
3. If a supplier fails to notify a dealer of the period during which the dealer may return surplus parts within the preceding 12 months, the supplier shall authorize the return of a dealer’s surplus parts within 60 days after the supplier receives a request from the dealer to return the surplus parts.
4. A dealer may return surplus parts equal to not more than 10 percent of the value of the parts purchased by the dealer from the supplier during:
(a) The 12-month period immediately preceding the notice provided to the dealer by the supplier pursuant to subsection 2; or
(b) The month the supplier receives a request from a dealer pursuant to subsection 3 to return surplus parts to the supplier,
whichever is applicable.
5. Any part included in the supplier’s list of returnable parts or any superseded part that is not eligible for return to the supplier on the date the supplier provides notice to the dealer pursuant to subsection 2 or the date the supplier receives the dealer’s request pursuant to subsection 3, whichever is applicable, is eligible for credit as a returned surplus part. A part which is returned must be in new and undamaged condition and must have been purchased by the dealer from the supplier to whom it is returned.
6. The minimum credit allowed for a returned part is 95 percent of the net price, as set forth in the supplier’s list of returnable parts on the date the supplier provides notice to the dealer pursuant to subsection 2 or the date the supplier receives the dealer’s request pursuant to subsection 3, whichever is applicable.
7. All applicable credit for the returned parts must be issued or provided to the dealer within 90 days after the supplier receives the dealer’s returned surplus parts.
8. The provisions of this section:
(a) Do not apply to a supplier that has established a program for its dealers for the return of surplus repair parts if the program provides credit of not less than 85 percent of the net price for the returned repair parts;
(b) Do not prohibit a supplier from charging a dealer’s account for the amounts previously paid or credited by the supplier as a discount incident to the dealer’s purchase of goods; and
(c) Do not require a dealer to return for credit surplus parts to a supplier.
(Added to NRS by 2003, 3401)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.115 - Limitations on requirements imposed by supplier upon dealer; prohibition against certain changes to dealer agreement.

A supplier shall not:
1. Require a dealer to accept delivery of equipment, parts or accessories which the dealer has not ordered unless the equipment, parts or accessories are required by the supplier for the safe use of any inventory provided to the dealer by the supplier;
2. Condition the sale of any equipment to a dealer upon the purchase of additional goods or services, except that a supplier may require a dealer to purchase those parts which are necessary to maintain the equipment used in the area where the dealership is located;
3. Prohibit a dealer from purchasing equipment manufactured by another supplier; or
4. Terminate, fail to renew or substantially change the terms of a dealer agreement because of a natural disaster, including a drought in the market area of the dealership, a labor dispute or any other similar circumstances which are beyond the control of the dealer.
(Added to NRS by 2003, 3402)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1153 - Repurchase of inventory and equipment by supplier upon termination of dealer agreement.

1. Except as otherwise provided in this section, upon the termination of a dealer agreement by a supplier or dealer, the supplier shall repurchase the inventory held by the dealer on the date of the termination of the dealer agreement.
2. A supplier who repurchases the inventory of a dealer pursuant to subsection 1 shall:
(a) Pay the dealer:
(1) One hundred percent of the net price of all new and undamaged inventory; and
(2) Ninety-five percent of the net price of new and undamaged superseded repair parts.
(b) Except as otherwise provided in this paragraph, pay the dealer an amount equal to 5 percent of the net price of all new and undamaged repair parts returned to the supplier to cover the cost incurred by the dealer for handling, packing and shipping the superseded repair parts to the supplier. If the supplier handles, packs and ships the superseded repair parts, the dealer is not entitled to receive any money for those services which the supplier performed.
(c) Purchase, at its depreciated value, any computers, software or telecommunications equipment that the supplier required the dealer to purchase within the previous 5 years.
(d) Repurchase, at 75 percent of the net cost, any specialized repair tools purchased if those tools are:
(1) Included in the tool catalog of the supplier;
(2) Purchased in accordance with the requirements of the supplier;
(3) Held by the dealer on the date of the termination of the dealer agreement; and
(4) Complete and in resalable condition.
(e) Repurchase any inventory which is owned by the supplier and leased, rented or used in demonstrations by the dealer if the supplier receives an allowance based on the use of such inventory. Inventory which is used in demonstrations for not more than a total of 50 hours shall be deemed new inventory. Inventory which is used in demonstrations for more than 50 hours and purchased from the supplier less than 36 months before the termination of the dealer’s agreement must be repurchased at its depreciated value, as determined by the supplier and dealer.
3. If the dealer agreement authorizes the dealer to retain the inventory upon the termination of the dealer agreement, the dealer may retain any portion of the inventory, except any specialized tools described in paragraph (d) of subsection 2 which the supplier wishes to repurchase from the dealer.
4. If the dealer owes any outstanding debts to the supplier, the amount of the repurchase of the inventory may be set off or credited to the account of the dealer.
5. Upon payment to the dealer of the amount for the repurchase of the inventory pursuant to this section, the title and right of possession to the inventory transfers to the supplier.
(Added to NRS by 2003, 3402)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1157 - Requirements regarding dealer’s reserve account for recourse after termination of dealer agreement.

1. At the end of each year after the termination of a dealer agreement, a dealer’s reserve account for recourse, retail sale or lease contracts may not be debited by a supplier or lender for any deficiency unless the dealer is given written notice of at least 7 business days by certified or registered mail, return receipt requested, of any proposed sale of the inventory which was financed and an opportunity to purchase the inventory.
2. The dealer must be given quarterly reports concerning any remaining outstanding recourse contracts. As the recourse contracts are reduced, any money in the reserve account must be returned to the dealer in direct proportion to the liabilities outstanding.
(Added to NRS by 2003, 3403)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.116 - Limitations on requirements for supplier to repurchase inventory.

The provisions of NRS 597.112 to 597.118, inclusive, do not require a supplier to repurchase from a dealer:
1. Any repair part which is not in new and undamaged condition or, because of its condition, is not resalable as a new part;
2. Any inventory which the dealer retains pursuant to subsection 3 of NRS 597.1153;
3. Any inventory which is not in new, undamaged and complete condition;
4. Any inventory which was ordered by the dealer on or after the date of the termination of the dealer agreement; or
5. Any inventory which was purchased more than 36 months before the notice of the termination of the dealer agreement is provided.
(Added to NRS by 2003, 3403)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1163 - Failure of supplier to repurchase inventory.

If a supplier fails or refuses to repurchase and pay a dealer for any inventory the supplier is required to repurchase in accordance with the provisions of NRS 597.112 to 597.118, inclusive, within 60 days after shipment of the inventory to the supplier, the supplier is liable for:
1. An amount equal to 100 percent of the net price of the inventory;
2. Any shipping charges paid by the dealer;
3. Attorney’s fees and court costs; and
4. An amount equal to the interest on the amount of the net price calculated at the legal rate of interest from the 61st day after the date of the shipment of the inventory to the supplier.
(Added to NRS by 2003, 3403)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1167 - Death of dealer or majority shareholder of dealer.

1. Upon the death of a dealer or the majority shareholder of a corporation which operates as a dealer, the supplier shall, upon the approval or request of the devisee or heir of the dealer or majority shareholder, repurchase the inventory of the dealer in the manner prescribed in NRS 597.1153.
2. The devisee or heir shall, within 1 year after the death of the dealer or majority stockholder, notify the supplier whether the supplier will be required to repurchase the inventory of the dealer.
3. A supplier is not required to repurchase the inventory of the dealer if the devisee or heir and the supplier enter into a new dealer agreement to operate the dealership.
4. This section does not authorize any person, including a devisee or heir, to operate a dealership without the written approval of the supplier.
5. An agreement executed by the supplier and dealer that sets forth the rights relating to succession to the operation of the dealership is enforceable without regard to the person who is designated as the successor to the dealership.
6. As used in this section:
(a) "Devisee" has the meaning ascribed to it in NRS 132.100.
(b) "Heir" has the meaning ascribed to it in NRS 132.165.
(Added to NRS by 2003, 3403)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.117 - Security interest of supplier in inventory; inspection of inventory before shipment.

The provisions of NRS 597.112 to 597.118, inclusive, do not affect any security interest which a supplier has in the inventory of a dealer. The dealer and supplier shall each provide a representative to inspect the inventory and certify its acceptability when packaged for shipment. The failure of the supplier to provide a representative for the inspection within 60 days shall be deemed acceptance by the supplier of the inventory returned to the supplier.
(Added to NRS by 2003, 3404)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.1173 - Enforcement by dealer.

1. A dealer may bring a civil action for damages in a court of competent jurisdiction against a supplier who violates any of the provisions of NRS 597.112 to 597.118, inclusive, and may recover damages incurred as a result of any violation committed by the supplier, including costs and attorney’s fees.
2. A dealer may apply for injunctive relief for the unlawful termination, nonrenewal or substantial change of the terms of a dealer agreement.
3. The remedies provided in this section are in addition to any other remedies provided by law.
(Added to NRS by 2003, 3404)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.118 - Right, obligation or liability may not be waived.

1. A person may not waive or modify a right, obligation or liability set forth in the provisions of NRS 597.112 to 597.118, inclusive.
2. A condition, stipulation or provision of a dealer agreement or any other agreement that:
(a) Limits the procedural or substantive rights of a dealer pursuant to the provisions of NRS 597.112 to 597.118, inclusive;
(b) Requires a person to waive a right set forth in the provisions of NRS 597.112 to 597.118, inclusive; or
(c) Relieves a person of an obligation or liability imposed by the provisions of NRS 597.112 to 597.118, inclusive,
is void.
(Added to NRS by 2003, 3406)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.120 - Definitions.

As used in NRS 597.120 to 597.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.125 to 597.150, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1353; A 1995, 1569; 2009, 1543; 2021, 1685)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.130 - "Franchise" defined.

"Franchise" means a contract or agreement either expressed or implied, whether written or oral, between a supplier and wholesaler, wherein:
1. A commercial relationship of definite duration or continuing indefinite duration is involved; and
2. The wholesaler is granted the right to offer, sell and distribute within this state or any designated area thereof such of the supplier’s brands of packaged malt beverages, distilled spirits and wines, or all of them, as may be specified.
(Added to NRS by 1973, 1353)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.133 - "Good cause" defined.

"Good cause" means:
1. Failure by a wholesaler to comply substantially with essential and reasonable requirements imposed on him or her by a supplier, or sought to be imposed by a supplier, if the requirements are not discriminatory as compared with requirements imposed on other similarly suited wholesalers either by their terms or in the manner of their enforcement.
2. Bad faith by the wholesaler in carrying out the terms of the franchise agreement.
(Added to NRS by 1995, 1567)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.140 - "Supplier" defined.

"Supplier" means any person, partnership, corporation or other form of business enterprise engaged in business as a manufacturer, distiller, craft distillery, rectifier, brewer, brew pub, importer, vintner, broker or agent therefor, which distributes any or all of its brands of malt beverages, distilled spirits and wines, or all of them, through licensed wholesalers in this state.
(Added to NRS by 1973, 1353; A 2017, 2578)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.150 - "Wholesaler" defined.

"Wholesaler" means any person, partnership, corporation or other form of business enterprise licensed by the Nevada Tax Commission to sell malt beverages, distilled spirits and wines, or all of them, as it is originally packaged to retail liquor stores or to another licensed wholesaler, or to transfer malt beverages and wine to an estate distillery pursuant to NRS 597.230 and 597.240, respectively, but not to sell to the consumer or general public.
(Added to NRS by 1973, 1353; A 1995, 1569; 2019, 2768)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.157 - Transfer of stock or assets or change in ownership or control of wholesaler: Supplier to approve within 60 days if person to be substituted meets certain requirements; supplier shall not unreasonably withhold or delay approval of certain transactions; liability of supplier.

1. A supplier shall approve any assignment, sale or transfer of the stock of a wholesaler or of all or any portion of a wholesaler’s assets, a wholesaler’s voting stock, the voting stock of any parent corporation or the beneficial ownership or control of any other entity owning or controlling the wholesaler, including the wholesaler’s rights and obligations under the terms of a franchise, within 60 days after receiving notice of the transaction if the person to be substituted under the terms of the franchise meets reasonable standards imposed upon the wholesaler and any other wholesaler of the supplier of the same general class, after consideration of the size and location of the marketing area of the wholesaler. A supplier shall approve or deny approval of the transaction in writing and, if approval of the transaction is denied, state the material reasons for the denial. If a supplier does not approve or deny approval of the transaction within 60 days after receiving notice of the transaction, the transaction shall be deemed approved.
2. Upon the death of a partner of a partnership that operates the business of a wholesaler, a supplier shall not unreasonably withhold or delay approval of maintaining the franchise between the supplier and each surviving partner.
3. Upon the death of any owner, controlling shareholder or operator of a wholesaler, a supplier shall not deny approval of any transfer of ownership to a surviving spouse, child or grandchild of the owner who has reached the age of majority at the time of death, controlling shareholder or operator. Any subsequent transfer of ownership by the spouse, child, grandchild, controlling shareholder or operator is subject to the provisions of subsection 1.
4. In addition to the provisions of NRS 597.170, a supplier who unreasonably delays or withholds consent or unreasonably denies approval of a sale, transfer or assignment of any ownership interest in a wholesaler is liable to the wholesaler for the laid-in costs of inventory of each affected brand of liquor and any diminution in the fair market value of the business of the wholesaler in relation to each affected brand. The damages recoverable pursuant to this section include, without limitation, all reasonable costs of bringing the action and attorney’s fees. For the purpose of this subsection, the fair market value of a business of a wholesaler includes, without limitation, the good will of the business and its value as a going concern, if any.
(Added to NRS by 2009, 1542; A 2021, 1686)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.160 - Prohibited acts by supplier; exceptions; correction by wholesaler of alleged failure to comply with franchise.

1. Except as otherwise provided in subsection 4, if more than one franchise for the same brand or brands of malt beverages, distilled spirits and wines, or all of them, is granted to different wholesalers in this state, it is a violation of NRS 597.120 to 597.180, inclusive, for any supplier to discriminate between such wholesalers with respect to any of the terms, provisions and conditions of these franchises.
2. Except as otherwise provided in this subsection and notwithstanding the terms, provisions or conditions of any franchise, a supplier shall not unilaterally terminate or refuse to continue any franchise with a wholesaler or cause a wholesaler to resign from that franchise unless the supplier has first established good cause for that termination, noncontinuance or causing of that resignation. This subsection does not apply to a supplier who sells less than 2,000 barrels of malt beverages, less than 250 cases of distilled spirits or less than 2,000 cases of wine in this state in any calendar year, or who operates a winery pursuant to NRS 597.240.
3. Except as otherwise provided in this subsection, a wholesaler may, within 60 days after he or she receives a notice required pursuant to NRS 597.155, correct any failure to comply with the terms, provisions and conditions of the franchise alleged by the supplier. This subsection does not apply to a supplier who sells less than 2,000 barrels of malt beverages, less than 250 cases of distilled spirits or less than 2,000 cases of wine in this State in any calendar year, or who operates a winery pursuant to NRS 597.240.
4. Unless otherwise specified by contract between the supplier and wholesaler, a supplier shall not grant more than one franchise to a wholesaler for any brand of alcoholic beverage in a marketing area.
(Added to NRS by 1973, 1354; A 1995, 1569; 2013, 2562; 2017, 2578)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.170 - Remedies of wholesaler.

1. Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of NRS 597.120 to 597.180, inclusive, and may recover the damages sustained by the wholesaler, together with such costs of the action and reasonable attorney’s fees as are authorized under NRS 18.110.
2. The remedies provided in NRS 597.120 to 597.180, inclusive, are independent of and supplemental to any other remedy or remedies available to the wholesaler in law or equity.
(Added to NRS by 1973, 1354; A 2021, 1688)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.175 - Term of contract or agreement that alters or waives provisions void and unenforceable.

Any term of a contract or other agreement that attempts to alter or waive any provision of NRS 597.120 to 597.180, inclusive, is void and unenforceable.
(Added to NRS by 2021, 1685)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.180 - Action by wholesaler: Defense by supplier.

In any action brought by a wholesaler against a supplier for termination or noncontinuance of, or causing to resign from a franchise in violation of NRS 597.120 to 597.180, inclusive, the supplier has the burden of establishing that he or she acted for good cause and that the wholesaler did not act in good faith. It is a complete defense for the supplier to prove that the termination, noncontinuance or causing to resign was done in good faith and for good cause.
(Added to NRS by 1973, 1354; A 1995, 1569; 2009, 1544)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.190 - Statement of legislative policy.

It is the policy of the Legislature to insure the orderly distribution and marketing of alcoholic beverages in this state in order to protect locally owned and operated business enterprises and those residents whose livelihoods and investments are dependent on their freedom to manage their businesses without economic and coercive control by nonresident suppliers of alcoholic beverages.
(Added to NRS by 1975, 623)