NRS 244.35484 Unlawful acts; penalties; exceptions.

329 words·~1 min read·/nv/chapter-244-counties-government/244-35484·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 4, a person shall not sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of:

(a)A resort hotel, as defined in NRS 463.01865 ;

(b)An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;

(c)A convention facility operated by a county fair and recreation board; or

(d)A median of a highway, if the median is adjacent to a parking lot.

2. For any violation of subsection 1, a board of county commissioners may impose a criminal, civil or administrative penalty in accordance with an ordinance adopted by the board of county commissioners pursuant to NRS 244.35483 . The maximum criminal penalty that may be specified in an ordinance adopted pursuant to NRS 244.35483 is a misdemeanor. A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude.

3. Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from:

(a)A resort hotel, as defined in NRS 463.01865 ;

(b)An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;

(c)A convention facility operated by a county fair and recreation board; or

(d)A median of a highway that is adjacent to a parking lot.

4. A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.