Las Vegas, NV

Clark County Resolution No. R-4-5-22-4. Resolution to Create the Community Housing Fund (2770)
04/05/2022 – 06/01/2024
RESOLUTION TO CREATE THE COMMUNITY HOUSING FUND (2770)

WHEREAS, Clark County renters and homeowners are experiencing an unprecedented crisis in housing affordability and availability; and

WHEREAS, homeownership is now out of reach for many Clark County residents as home prices have risen dramatically, making it especially difficult for low to moderate income households to pursue home ownership; and

WHEREAS, though housing costs have risen dramatically, incomes have risen at a far lower rate; and,

WHEREAS, Clark County has one of the lowest ratios of available rental units for extremely low-income households in the country; and

WHEREAS, roughly 60,000 additional affordable housing units are currently needed in Clark County to meet the housing need of extremely low-income residents (those at 30% or below of Area Median Income), in addition to the units needed to serve low to moderate income residents; however, in 2021, less than 1000 new affordable units were constructed; and

WHEREAS, the current affordability crisis disproportionately impacts communities of color, who historically had less access to homeownership; and

WHEREAS, many of those impacted by this housing affordability crisis are on fixed incomes or are minimum wage earners who provide critical services to our community and upon whom our local economy depends; and

WHEREAS, NRS 354.612 and NAC 354.241 require that local government entities adopt a resolution establishing the various funds of the local government and setting forth the purpose of the fund and plan for administration of the funds.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Clark County, Nevada, as follows:

1. A new fund called the Community Housing Fund (2770) shall be created as a Special Revenue Fund, effective April 5, 2022.

2. The purpose of the fund will be to receive the proceeds derived from general fund and other sources available to Clark County to fund various programs increasing access to affordable rental and homeownership opportunities for Clark County residents.

3. The source of revenues to be deposited in the fund will include transfers from the County’s General Fund, grant funds, donations, program income, fees, and interest and investment earnings.

4. The expenditures from the fund will be for programs and allocations that increase the number of affordable housing units, and access to those units, for low to moderate income households in Clark County including, but not limited to: grants and/or loans to affordable housing developers to build or rehabilitate affordable housing rental units and affordable for-purchase homes; grants and/or loans to non-profit entities to support the operation and any associated services at affordable housing properties; the purchase and/or rehabilitation of land or property; the administration of County programs associated with this fund; the administration of an affordable housing land trust program; low to moderate income homebuyer education and assistance.

5. The residual funding at the end of the fiscal year will roll over to the next budget year.

6. The fund will be monitored and reviewed periodically to ensure that the activities of the fund are reasonable and necessary to carry out the purpose of the fund.

7. The fund will account for its sources and uses in conformance with Generally Accepted Governmental Accounting Principles, Nevada Revised Statutes, Nevada Administrative Codes and the Regulations of the Nevada Tax Commission.

PASSED, ADOPTED AND APPROVED this 5th day of April, 2022.

BOARD OF COUNTY COMMISSIONERS

CLARK COUNTY, NEVADA

[…]

Nev. Rev. Stat. § 278.0105. “Affordable housing” defined.
07/01/2019 – 06/01/2024
“Affordable housing” means tier one affordable housing, tier two affordable housing or tier three affordable housing.

Nev. Rev. Stat. § 278.01902. “Tier one affordable housing” defined.
07/01/2019 – 06/01/2024
1.  “Tier one affordable housing” means housing for a household:

(a) Which has a total monthly gross income that is equal to not more than 60 percent of the median monthly gross household income for the county in which the housing is located; and

(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 60 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.

2.  For purposes of this section, median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located.

Nev. Rev. Stat. § 278.01904. “Tier three affordable housing” defined.
07/01/2019 – 06/01/2024
1.  “Tier three affordable housing” means housing for a household:

(a) Which has a total monthly gross income that is equal to more than 80 percent but not more than 120 percent of the median monthly gross household income for the county in which the housing is located; and

(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 120 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.

2.  For purposes of this section, median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located.

Nev. Rev. Stat. § 278.01906. “Tier two affordable housing” defined.
07/01/2019 – 06/01/2024
1.  “Tier two affordable housing” means housing for a household:

(a) Which has a total monthly gross income that is equal to more than 60 percent but not more than 80 percent of the median monthly gross household income for the county in which the housing is located; and

(b) Which costs not more than 30 percent of the total monthly gross household income of a household whose income equals 80 percent of the median monthly gross household income for the county in which the housing is located, including the cost of utilities.

2.  For purposes of this section, median gross household income must be determined based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county in which the housing is located.

Nev. Rev. Stat. § 319.500. Creation; investment of money; claims.
07/01/2019 – 06/01/2024
1.  There is hereby created in the State General Fund the Account for Affordable Housing, to be administered by the Division. All money that is collected for the use of the Account from any source, including pursuant to a specific statute, tax, legislative appropriation, gift or grant, or from interest earned on specified public or private accounts, must be deposited in the Account.

2.  The money in the Account must be invested as provided in chapters 355 and 356 of NRS. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.

Nev. Rev. Stat. § 375.020. Imposition and rate of tax.
07/01/2011 – 06/01/2024
1.  A tax, at the rate of:

(a) In a county whose population is 700,000 or more, $1.25; and

(b) In a county whose population is less than 700,000, 65 cents,

for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

2.  The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

Nev. Rev. Stat. § 375.070. Disposition and use of proceeds of tax imposed by NRS 375.020.
07/01/2019 – 06/01/2024
1.   The county recorder shall transmit the proceeds of the tax imposed by NRS 375.020 at the end of each quarter in the following manner:

(a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the State Controller who shall deposit that amount in the Account for Affordable Housing created pursuant to NRS 319.500.

(b) In a county whose population is 700,000 or more, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

(c) The remaining proceeds must be transmitted to the State Controller for deposit in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.

2.  In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of tier one affordable housing and tier two affordable housing. A county or city that uses the proceeds in that manner must give priority to the development of tier one affordable housing and tier two affordable housing for persons who are elderly or persons with disabilities.

3.  The expenses authorized by subsection 2 include, but are not limited to:

(a) The costs to acquire land and developmental rights;

(b) Related predevelopment expenses;

(c) The costs to develop the land, including the payment of related rebates;

(d) Contributions toward down payments made for the purchase of affordable housing; and

(e) The creation of related trust funds.

4.  As used in this section:

(a) “Tier one affordable housing” has the meaning ascribed to it in NRS 278.01902.

(b) “Tier two affordable housing” has the meaning ascribed to it in NRS 278.01906.

Las Vegas Unified Development Code § 19.04. Complete Street Standards.
Effective: 1/4/22 – Through: 5/31/23
19.04.010 STREET CONNECTIVITY

A. Purpose

The purpose of this Chapter is to set forth requirements for achieving a connected transportation system as outlined in the City of Las Vegas 2050 Master Plan to provide a safe and accessible environment for a variety of transportation modes and users. As referred to in the City’s Master Plan, the Layered Complete Street Network consists of the streets, trails, and facilities within the City that safely and comfortably accommodate all users, regardless of mode, age, or ability. This includes pedestrians, bicyclists, mobility devices, public transportation, carpoolers, motorcyclists, single-occupant vehicles, trucks, public safety officials, and other users of the City’s streets, as generally described within this Chapter. All proposed development shall be designed in a manner that provides for and facilitates the logical overall design, placement and continuity of streets with respect to adjacent land parcels, and in accordance with this Title, the City’s Master Plan of Streets and Highways and LVMC Title 13.

B. Applicability

The street connectivity standards set forth herein are minimum requirements and shall apply to all new development projects whether utilizing public streets, private streets or private drives. Except as otherwise provided in this Chapter, any request to deviate from these standards shall require the submittal of an application for a Variance, which shall be subject to the procedures and standards set forth in LVMC 19.16.140.

Where a proposed development is adjacent to existing improvements, the Director of Public Works shall determine the extent to which it is appropriate to implement the standards outlined in this Chapter and approve, if necessary, designs for the transition from existing improvements to those that meet the standards of this Chapter. The Director may approve a deferral of the Amenity Zone standards pursuant to LVMC 19.02.025.

19.04.020 LAYERED COMPLETE STREET NETWORK

A. The Layered Complete Street Network shall include a roadway network within the City, including Downtown Las Vegas, as well as trails and bike streets, all as described, referred to or contained in:

1. Subsections (B) through (D) of this Section;

2. The Master Plan of Streets and Highways adopted pursuant to LVMC Chapter 13.12; and

3. The documents constituting the element of the Master Plan required by NRS 278.160(1)(h), including a streets and highways plan, a transit plan, and a transportation plan.

B. The roadway network of the City shall generally be laid out as outlined below:

1. Arterials shall follow section lines unless otherwise addressed in LVMC Title 13.

2. Major collector road spacing shall be at distances not exceeding 2,640 feet (1/2 mile) from an arterial or another major collector;

3. Minor collector road spacing shall not be closer than 660 feet from an arterial, major collector or another minor collector;

4. Residential and Local Street spacing shall be at intervals of no more than 660 feet.

5. High Density Residential or Mixed-Use Development shall provide street connections at intervals of no more than 330 feet.

C. The roadway network within the Downtown Las Vegas Overlay (DTLV-O), as described in LVMC 19.10.110, shall include the following street types consistent with the Vision 2045 Downtown Las Vegas Masterplan to provide compatible thoroughfare standards between Transect Zones enumerated within LVMC Chapter 19.09:

1. Downtown Alleys shall provide mid-block mobility and access abutting properties.

2. Minor Neighborhood Streets shall generally serve residential neighborhoods and local traffic.

3. Major Neighborhood Streets shall generally serve residential, commercial, and mixed-use neighborhoods.

4. Commercial Streets shall generally serve commercial and mixed use neighborhoods and distribute traffic from minor or major neighborhood streets to avenues or boulevards.

5. Avenues shall generally distribute traffic from minor or major neighborhood streets to avenues or boulevards and provide access to commercial and residential neighborhoods.

6. Bike Emphasis Avenues shall generally provide additional space for bicycle traffic, while also distributing traffic from minor or major neighborhood streets to avenues or boulevards and providing access to commercial and residential neighborhoods.

7. Boulevards shall generally move high volumes of vehicular traffic through Downtown.

8. Transit Emphasis Streets shall consist of identified routes with lanes dedicated to accommodate a form of high-capacity transit, such as light rail transit or bus rapid transit.

D. The trails and bike street network of the City shall generally be integrated into or overlay the roadway networks described in Subsections (B) and (C). These facilities are for the exclusive use or shared use of pedestrians, bicyclists, equestrians, or a combination thereof. Where completely separated from a roadway, these facilities shall follow their own respective alignments. The trails and bike street network consists of a combination of:

1. Regional trails, as further addressed in LVMC 19.04.410.

2. Shared-use trails, as further addressed in LVMC 19.04.420.

3. Urban paths, which include urban trails, protected bike lanes, and cycle tracks, as further addressed in LVMC 19.04.430.

4. Equestrian trails, as further addressed in LVMC 19.04.440.

5. Off-street trails, as further addressed in LVMC 19.04.450.

19.04.030 VEHICLE/PEDESTRIAN SEPARATION MANAGEMENT

Pedestrian and vehicle separation shall be accomplished by the following treatments:

A. Sidewalks shall be required on both sides of all public and private streets in accordance with City Standards, except that private gated community streets as referred to in LVMC 19.04.230 are only required to have sidewalk on one side of the street.

B. Sidewalks shall be provided adjacent to private drives to separate pedestrian and vehicular movements, which include, but are not limited to commercial center drives, commercial driveways, park entrances and multi-family residential developments.

C. Sidewalks shall be offset from vehicular travel lanes along arterial and collector streets as illustrated for each such street classification in LVMC 19.04.170 through 19.04.200.

D. Sidewalk location on residential streets should be as illustrated for each such street classification in LVMC 19.04.210 through 19.04.230. The ultimate location shall be determined by the approved roadway cross section for the development.

E. Pedestrian roadway crossings not located at intersections, also known as mid-block crossings, must receive the approval of the City Traffic Engineer prior to being marked or used for such purposes.

[…]

19.04.070 PRIVATE STREET REQUIREMENTS

Private streets must comply with applicable City Standards and with the following requirements:

A. Private streets shall have the same dimensions as the comparable public streets unless separated by gates. Private gated community streets may conform to the provisions of LVMC 19.04.230.

B. Where access control gates are to be used in conjunction with private streets, the principal vehicular entrance gate must have a minimum width of 50 feet and comply with the Uniform Standard Drawings and LVMC 19.02.250. Additional access control gates for vehicles must be designated and signed for residents only, have automatic methods of opening, and may be of a narrower width and depth as determined by the Director of Public Works.

C. Private streets shall meet the minimum construction standards for public streets. All private streets shall be located on a separate common lot or lots that are maintained by an HOA or other approved private maintenance organization.

D. Street name signs for private streets shall bear the words “privately maintained,” and shall be a color and design established by the City and in conformance with the most recent edition of the Manual of Uniform Traffic Control Devices. The color of such a sign shall be brown with white letters.

E. Notwithstanding the provisions of Subsections (A) through (D) of this Section, an administrative deviation of standards may be approved by the Director of Public Works for private streets meeting the following:

1. The street must end in a cul-de-sac that conforms to LVMC 19.04.100;

2. The street cannot provide access to more than four single family residential lots;

3. The street, if located on a separate common lot, must be privately maintained by an HOA or other maintenance organization; and

4. The applicant must demonstrate that the alternative design, including any reduction in street width, can safely accommodate vehicular and pedestrian traffic circulation.

19.04.080 PRIVATE DRIVE REQUIREMENTS

Private drives shall only be permitted in multi-family residential and nonresidential developments and shall:

A. Have a minimum pavement width of twenty-four feet;

B. Be accessible only from a public or private street;

C. Terminate in:

1. An intersection with a public or private street; or

2. A cul-de-sac that conforms to LVMC 19.04.100; and

D. Be provided with street name signs that bear the words “privately maintained,” and are of a color and design established by the City and in conformance with the Manual of Uniform Traffic Control Devices. The color of such a sign shall be brown with white letters.

[…]

19.04.300 DOWNTOWN THOROUGHFARE STANDARDS

A. The purpose of LVMC Sections 19.04.310 to 19.04.380 is to describe standards for development of roadway network thoroughfares within the Downtown Las Vegas Overlay District (DTLV-O) in a manner that is consistent with the Vision 2045 Downtown Las Vegas Masterplan. Each thoroughfare type is intended to provide compatible complete streets between Transect Zones and a hierarchy of intensity between different thoroughfare types and transportation modes. Each Thoroughfare provides a primary emphasis, including pedestrian, bicycle, automobile, and transit, suitable to a single street, while also accommodating other modes. These Downtown Thoroughfare standards supplement City of Las Vegas Engineering Standards. Where the provisions of these Downtown Thoroughfare Standards conflict with City Engineering Standards, the Engineering Standards shall apply, unless in the judgement of either the Director of Public Works or the City Traffic Engineer the application of the Downtown Thoroughfare Standards is consistent with the intent of the Engineering Standards or otherwise provides an acceptable alternative.

B. As specified in LVMC Title 19.09.090, District Thoroughfare Plans shall be mapped for each Downtown District to:

1. Designate all public thoroughfares within the district consisting of the standards set forth in LVMC 19.04.310 to 19.04.380

2. Designate all public thoroughfares as Primary, Secondary, or Tertiary for the purposes of establishing a hierarchy for transportation accessibility and intensity, building frontages, vehicular access, and utility locations.

C. For the Amenity Zone of any Downtown thoroughfare as set forth in LVMC 19.04.320 to 19.04.380:

1. The following amenities may be placed within the prescribed width of each zone:

a. Benches and seating,

b. Bicycle racks, lockers, or corrals,

c. Bollards and pedestrian safety elements,

d. Electric vehicle charging stations,

e. Fire hydrants, placed in accordance with the fire code

f. Kiosks,

g. Mailboxes,

h. Newspaper racks,

i. Parking meters,

j. Public art,

k. Shade structures, hanging plants, banners, flags, or lighting,

l. Streetlighting, signage, or traffic control devices,

m. Transit shelters for bus stops or transit stations

n. Trash or recycling bins

o. Trees and landscaping, planted in compliance with LVMC Chapter 13.48

p. Any other amenity deemed acceptable by the Director of Planning or the Director of Public Works that enhances the thoroughfare’s urban environment and does not create a hazardous condition for pedestrians, bicyclists, or motorists.

2. Utility conduits and permitted underground dry utilities shall be located under the sidewalk.

3. Utility and mechanical boxes shall be sited outside of the right-of-way wherever possible. If permitted within the right-of-way, above ground utilities shall be located within the Amenity Zone. No utility or utility appurtenance may be placed in such a manner that blocks or inhibits pedestrian flow, access to a building door or entrance, ramp, or accessway, prevent or otherwise obstruct a handicapped or disabled pedestrian from passing or traversing, or cause a safety hazard.

D. The following thoroughfare design elements may be applied as warranted and determined by existing or future conditions, provided that the addition of such a treatment enhances pedestrian and bicyclist safety, protects transit users, ensures motorist sight-lines and visibility, and improves the public realm:

1. The intersections between any two thoroughfare may include:

a. Bike boxes

b. Diagonal (scramble) pedestrian movements

c. Curb extensions, chokers, or bus bulbs

d. Mini-roundabouts

2. Mid-block locations along a thoroughfare may include:

a. Mid-block crosswalks

b. Where medians are present, pedestrian refuges or Danish offsets

c. Curb extensions, pinchpoints, or chicanes

[…]

Nev. Rev. Stat. § 608.01975. Employer required to allow employee use of sick leave to assist member of immediate family with medical need; Labor Commissioner to prepare bulletin to be posted in workplaces; construction of section; prohibitions; applicability
10/01/2021 – 06/01/2024
1.  Except as otherwise provided in this section, if an employer provides paid or unpaid sick leave for the use of his or her employees, the employer must allow an employee to use any accrued sick leave to assist a member of the immediate family of the employee who has an illness, injury, medical appointment or other authorized medical need to the same extent and under the same conditions that apply to the employee when taking such leave.

2.  An employer may limit the amount of sick leave that an employee may use pursuant to subsection 1 to an amount which is equal to not less than the amount of sick leave that the employee accrues during a 6-month period.

3.  The Labor Commissioner shall prepare a bulletin which clearly sets forth an explanation of the provisions of this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner and shall require each employer that provides sick leave to employees to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

4.  The provisions of this section shall not be construed to:

(a) Limit or abridge any other rights, remedies or procedures available under the law;

(b) Negate any other rights, remedies or procedures available to an aggrieved party;

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous sick leave benefit or paid time off benefit; or

(d) Extend the maximum amount of leave to which an employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5.  An employer shall not deny an employee the right to use accrued sick leave in accordance with the provisions of this section or retaliate against an employee for attempting to prosecute a violation of this section or for exercising any rights afforded by this section.

6.  The provisions of this section do not apply:

(a) To the extent prohibited by federal law; or

(b) With regard to an employee of the employer if the employee is covered under a valid collective bargaining agreement.

7.  As used in this section, “immediate family” means:

(a) The child, foster child, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent of an employee; or

(b) Any person for whom the employee is the legal guardian.

Nev. Rev. Stat. § 608.0197 Every employer in private employment to provide paid leave to each employee under certain circumstances
06/09/2021 – 06/01/2024
1.  Except as otherwise provided in this section, every employer in private employment shall provide paid leave to each employee of the employer as follows:

(a) An employee is entitled to at least 0.01923 hours of paid leave for each hour of work performed.

(b) An employee may, as determined by the employer, obtain paid leave by:

(1) Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a); or

(2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a).

(c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.

(d) Except as otherwise provided in paragraph (i), an employer shall:

(1) Compensate an employee for the paid leave available for use by that employee at the rate of pay at which the employee is compensated at the time such leave is taken, as calculated pursuant to paragraph (e); and

(2) Pay such compensation on the same payday as the hours taken are normally paid.

(e) For the purposes of determining the rate of pay at which an employee is compensated pursuant to paragraph (d), the compensation rate for an employee who is paid by:

(1) Salary, commission, piece rate or a method other than hourly wage must:

(I) Be calculated by dividing the total wages of the employee paid for the immediately preceding 90 days by the number of hours worked during that period;

(II) Except as otherwise provided in sub-subparagraph (III), include any bonuses agreed upon and earned by the employee; and

(III) Not include any bonuses awarded at the sole discretion of the employer, overtime pay, additional pay for performing hazardous duties, holiday pay or tips earned by the employee.

(2) Hourly wage must be calculated by the hourly rate the employee is paid by the employer.

(f) An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year.

(g) An employer may set a minimum increment of paid leave, not to exceed 4 hours, that an employee may use at any one time.

(h) An employer shall provide to each employee on each payday an accounting of the hours of paid leave available for use by that employee. An employer may use the system that the employer uses to pay its employees to provide the accounting of the hours of paid leave available for use by the employee.

(i) An employer may, but is not required to, compensate an employee for any unused paid leave available for use by that employee upon separation from employment, except if the employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused paid leave hours available for use by that employee must be reinstated.

2.  An employee in private employment may use paid leave available for use by that employee as follows:

(a) An employer shall allow an employee to use paid leave beginning on the 90th calendar day of his or her employment.

(b) An employer shall allow an employee to use paid leave for any use, including, without limitation:

(1) Treatment of a mental or physical illness, injury or health condition;

(2) Receiving a medical diagnosis or medical care;

(3) Receiving or participating in preventative care;

(4) Participating in caregiving; or

(5) Addressing other personal needs related to the health of the employee.

(c) An employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use.

(d) An employee shall, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.

3.  An employer shall not:

(a) Deny an employee the right to use paid leave available for use by that employee in accordance with the conditions of this section;

(b) Require an employee to find a replacement worker as a condition of using paid leave available for use by that employee; or

(c) Retaliate against an employee for using paid leave available for use by that employee.

4.  The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

5.  An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.

6.  The provisions of this section do not:

(a) Limit or abridge any other rights, remedies or procedures available under the law.

(b) Negate any other rights, remedies or procedures available to an aggrieved party.

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.

7.  For the first 2 years of operation, an employer is not required to comply with the provisions of this section.

8.  This section does not apply to:

(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed; and

(b) Temporary, seasonal or on-call employees.

9.  As used in this section:

(a) “Benefit year” means a 365-day period used by an employer when calculating the accrual of paid leave.

(b) “Employer” means a private employer who has 50 or more employees in private employment in this State.

Nev. Rev. Stat. § 608.0198 Employee entitled to leave related to domestic violence; uses of leave; prohibited acts; required documentation; Labor Commission to prepare bulletin; posting; maintenance of records; other rights; remedies and agreements unimpaired
01/01/2024 – 06/01/2024
1.  An employee who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence or sexual assault or whose family or household member is a victim of an act which constitutes domestic violence or sexual assault and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period. Hours of leave provided pursuant to this subsection:

(a) May be paid or unpaid by the employer;

(b) Must be used within the 12 months immediately following the date on which the act which constitutes domestic violence or sexual assault occurred;

(c) May be used consecutively or intermittently; and

(d) If used for a reason for which leave may also be taken pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., must be deducted from the amount of leave the employee is entitled to take pursuant to this section and from the amount of leave the employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

2.  An employee may use the hours of leave pursuant to subsection 1 as follows:

(a) An employee may use the hours of leave only:

(1) For the diagnosis, care or treatment of a health condition related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;

(2) To obtain counseling or assistance related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;

(3) To participate in any court proceedings related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee; or

(4) To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act which constitutes domestic violence or sexual assault.

(b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence or sexual assault, an employee shall give not less than 48 hours’ advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).

3.  An employer shall not:

(a) Deny an employee the right to use hours of leave in accordance with the conditions of this section;

(b) Require an employee to find a replacement worker as a condition of using hours of leave; or

(c) Retaliate against an employee for using hours of leave.

4.  The employer of an employee who takes hours of leave pursuant to this section may require the employee to provide to the employer documentation that confirms or supports the reason the employee provided for requesting leave. Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization which provides services to victims of domestic violence or sexual assault or documentation from a physician. Any documentation provided to an employer pursuant to this subsection is confidential and must be retained by the employer in a manner consistent with the requirements of the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.

5.  The Labor Commissioner shall prepare a bulletin which clearly sets forth the right to the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.

6.  An employer shall maintain a record of the hours of leave taken pursuant to this section for each employee for a 2-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner. The employer shall exclude the names of the employees from the records, unless a request for a record is for the purpose of an investigation.

7.  The provisions of this section do not:

(a) Limit or abridge any other rights, remedies or procedures available under the law.

(b) Negate any other rights, remedies or procedures available to an aggrieved party.

(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous leave benefit or paid leave benefit.

8.  As used in this section:

(a) “Domestic violence” has the meaning ascribed to it in NRS 33.018.

(b) “Family or household member” means a:

(1) Spouse;

(2) Domestic partner;

(3) Minor child; or

(4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence or sexual assault.

(c) “Sexual assault” has the meaning ascribed to it in NRS 200.236.

–

Nev. Rev. Stat. § 202.2483. Smoking prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited
01/01/2020 – 06/01/2024
1.  Except as otherwise provided in subsection 3, smoking in any form is prohibited within indoor places of employment including, but not limited to, the following:

(a) Child care facilities;

(b) Movie theatres;

(c) Video arcades;

(d) Government buildings and public places;

(e) Malls and retail establishments;

(f) All areas of grocery stores; and

(g) All indoor areas within restaurants.

2.  Without exception, smoking in any form is prohibited within school buildings and on school property.

3.  Smoking is not prohibited in:

(a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;

(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;

(c) Age-restricted stand-alone bars, taverns and saloons;

(d) Strip clubs or brothels;

(e) Retail tobacco stores;

(f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:

(1) Is not open to the public;

(2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and

(3) Involves the display of tobacco products; and

(g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility.

4.  A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.

5.  If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:

(a) For the first offense, $1,000.

(b) For a second or subsequent offense, $2,000.

6.  In any prosecution or other proceeding for a violation of the provisions of subsection 4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older.

7.  In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.

8.  Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local smoking control measures that meet or exceed the minimum applicable standards set forth in this section.

9.  “No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.

10.  Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.

11.  No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.

12.  For the purposes of this section, the following terms have the following definitions:

(a) “Age-restricted stand-alone bar, tavern or saloon” means an establishment:

(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;

(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;

(3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and

(4) That must be located within:

(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or

(II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.

(b) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name.

(c) “Child care facility” has the meaning ascribed to it in NRS 441A.030.

(d) “Completely enclosed area” means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.

(e) “Government building” means any building or office space owned or occupied by:

(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;

(2) The State of Nevada and used for any public purpose; or

(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

(f) “Health authority” has the meaning ascribed to it in NRS 202.2485.

(g) “Incidental food service or sales” means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.

(h) “Place of employment” means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.

(i) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted.

(j) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

(k) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(l) “School building” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

(m) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

(n) “Smoking” means inhaling, exhaling, burning or carrying any liquid or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. The term includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. As used in this paragraph, “electronic smoking device”:

(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product.

(2) Includes any component part of a product described in subparagraph (1), regardless of whether the component part is sold separately.

(3) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq.

(o) “Stand-alone bar, tavern or saloon” means an establishment:

(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;

(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;

(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and

(4) That must be housed in either:

(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or

(II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.

(p) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.

13.  Any statute or regulation inconsistent with this section is null and void.

14.  The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.

Las Vegas, Nev., § 9.20.010 – Prohibited where—Exceptions.
01/01/1975 – 06/01/2024
(A) It is unlawful for any person, firm, corporation or association, managing, controlling or presenting shows of any kind in any theater building, motion picture theater, including projection rooms, to allow or permit any person to smoke within the confines of the building except in restrooms or in a lounge provided by the theater, completely enclosed and separated from the main seating room.

(B) This Section shall not be deemed to make it unlawful for a performer to smoke upon the stage during and as a part of any theatrical production.

Nev. Rev. Stat. § 202.2491. Smoking tobacco: Unlawful in certain public places; posting signs; designation of areas for smoking
01/01/2024 – 06/01/2024
1.  Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:

(a) Public elevator.

(b) Public building.

(c) Public waiting room, lobby or hallway of any:

(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.

(d) Hotel or motel when so designated by the operator thereof.

(e) Public area of a store principally devoted to the sale of food for human consumption off the premises.

(f) Child care facility.

(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

(h) School bus.

(i) Video arcade.

2.  The person in control of an area listed in paragraph (c), (d), (e) or (g) of subsection 1:

(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

(b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:

(1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

(2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

3.  The person in control of a public building:

(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

6.  The smoking of tobacco is not prohibited in:

(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

7.  As used in this section:

(a) “Child care facility” means an establishment operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.

(b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

(c) “Public building” means any building or office space owned or occupied by:

(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System.

(2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.

(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

(d) “School bus” has the meaning ascribed to it in NRS 483.160.

(e) “Video arcade” means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
Nev. Rev. Stat. § 202.2491. Smoking tobacco: Unlawful in certain public places; posting signs; designation of areas for smoking
Effective: 10/1/05 – Through: 9/30/23
1.  Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:

(a) Public elevator.

(b) Public building.

(c) Public waiting room, lobby or hallway of any:

(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.

(d) Hotel or motel when so designated by the operator thereof.

(e) Public area of a store principally devoted to the sale of food for human consumption off the premises.

(f) Child care facility.

(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

(h) School bus.

(i) Video arcade.

2.  The person in control of an area listed in paragraph (c), (d), (e) or (g) of subsection 1:

(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

(b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:

(1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

(2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

3.  The person in control of a public building:

(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.

A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

6.  The smoking of tobacco is not prohibited in:

(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

7.  As used in this section:

(a) “Child care facility” means an establishment operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.

(b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

(c) “Public building” means any building or office space owned or occupied by:

(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System.

(2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.

(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

(d) “School bus” has the meaning ascribed to it in NRS 483.160.

(e) “Video arcade” means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

Nev. Rev. Stat. § 202.24915. Smoking tobacco: Allowed under certain circumstances in certain stores that are principally devoted to sale of food for human consumption off premises
Effective: 10/1/03 – Through: 10/1/23
1.  A store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if:

(a) The entire interior public area of the store is 10,000 square feet or less; or

(b) The area:

(1) Is segregated from the other public areas of the store by two or more walls or partial walls, or any combination thereof, in a configuration that includes at least one corner; and

(2) Contains a method of ventilation which substantially removes smoke from the area.

2.  Except as otherwise provided in subsection 3, until January 1, 2007, a store that is principally devoted to the sale of food for human consumption off the premises may allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 if the store was constructed before October 1, 1999, or received final approval for construction before October 1, 1999. On or after January 1, 2007, such a store may allow smoking in that public area only if the area contains a method of ventilation which substantially removes smoke from the area.

3.  If at any time before January 1, 2007, a store described in subsection 2 remodels 25 percent or more of the square footage of the entire public area within the store, the store may continue to allow the smoking of tobacco in a public area of the store that is leased to or operated by a person who is licensed pursuant to NRS 463.160 only if the store includes as part of the remodeling a method of ventilation which substantially removes smoke from the area.

4.  For the purposes of this section, “partial wall” or “wall” may include, without limitation, one or more gaming devices, as defined in NRS 463.0155, if the gaming devices are configured together or in conjunction with other structures to create a barrier that is similar to a partial wall or wall.

Nev. Rev. Stat. § 202.2485. Definitions
Effective: 1/1/20 – Through: 10/1/23
As used in NRS 202.2485 to 202.2497, inclusive:

1.  “Alternative nicotine product” means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. The term does not include:

(a) A vapor product;

(b) A product made or derived from tobacco; or

(c) Any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

2.  “Distribute” includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.

3.  “Health authority” means the district health officer in a district, or his or her designee, or, if none, the Chief Medical Officer, or his or her designee.

4.  “Product made or derived from tobacco” does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

5.  “Vapor product”:

(a) Means any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine or any other substance in a solution or other form, the use or inhalation of which simulates smoking.

(b) Includes, without limitation:

(1) An electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device; and

(2) The components of such a product or device, whether or not sold separately, including, without limitation, vapor cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device, atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices. As used in this subparagraph, “component” means a product or device intended primarily or exclusively to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device.

(c) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.

Nev. Rev. Stat. § 202.2483. Smoking prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited
Effective: 1/1/20 – Through: 10/1/23
1.  Except as otherwise provided in subsection 3, smoking in any form is prohibited within indoor places of employment including, but not limited to, the following:

(a) Child care facilities;

(b) Movie theatres;

(c) Video arcades;

(d) Government buildings and public places;

(e) Malls and retail establishments;

(f) All areas of grocery stores; and

(g) All indoor areas within restaurants.

2.  Without exception, smoking in any form is prohibited within school buildings and on school property.

3.  Smoking is not prohibited in:

(a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;

(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;

(c) Age-restricted stand-alone bars, taverns and saloons;

(d) Strip clubs or brothels;

(e) Retail tobacco stores;

(f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:

(1) Is not open to the public;

(2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and

(3) Involves the display of tobacco products; and

(g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility.

4.  A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.

5.  If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:

(a) For the first offense, $1,000.

(b) For a second or subsequent offense, $2,000.

6.  In any prosecution or other proceeding for a violation of the provisions of subsection 4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older.

7.  In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.

8.  Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local smoking control measures that meet or exceed the minimum applicable standards set forth in this section.

9.  “No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.

10.  Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.

11.  No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.

12.  For the purposes of this section, the following terms have the following definitions:

(a) “Age-restricted stand-alone bar, tavern or saloon” means an establishment:

(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;

(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;

(3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and

(4) That must be located within:

(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or

(II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.

(b) “Casino” means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word ‘casino’ as part of its proper name.

(c) “Child care facility” has the meaning ascribed to it in NRS 441A.030.

(d) “Completely enclosed area” means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.

(e) “Government building” means any building or office space owned or occupied by:

(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;

(2) The State of Nevada and used for any public purpose; or

(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

(f) “Health authority” has the meaning ascribed to it in NRS 202.2485.

(g) “Incidental food service or sales” means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.

(h) “Place of employment” means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.

(i) “Public places” means any enclosed areas to which the public is invited or in which the public is permitted.

(j) “Restaurant” means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.

(k) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(l) “School building” means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

(m) “School property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

(n) “Smoking” means inhaling, exhaling, burning or carrying any liquid or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. The term includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. As used in this paragraph, “electronic smoking device”:

(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product.

(2) Includes any component part of a product described in subparagraph (1), regardless of whether the component part is sold separately.

(3) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq.

(o) “Stand-alone bar, tavern or saloon” means an establishment:

(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;

(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;

(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and

(4) That must be housed in either:

(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or

(II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.

(p) “Video arcade” has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.

13.  Any statute or regulation inconsistent with this section is null and void.

14.  The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.

Nev. Rev. Stat. § 202.249. Smoking tobacco: Declaration of public policy; enforcement; imposition of more stringent restrictions
Effective: 1/1/20 – Through: 10/1/23
1.  It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.

2.  The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.

3.  Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935, 202.2494 and 370.521.

4.  Except as otherwise provided in subsection 5, an agency, board, commission or political subdivision of this state, including, without limitation, any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935, 202.2494 and 370.521.

5.  A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935, 202.2494 and 370.521.

Nev. Rev. Stat. § 202.24935. Sale and distribution of cigarettes and certain other tobacco, vapor and nicotine products to persons under the age of 21 years through use of certain networks prohibited; duties of persons who sell and distribute cigarettes and certain other tobacco, vapor and nicotine products through use of certain networks; submission of certification to Attorney General; penalties
Effective: 5/27/21 – Through: 12/31/22
1.  It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to a person under the age of 21 years through the use of a computer network, telephonic network or other electronic network.

2.  Every person who sells or distributes cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to an ultimate consumer in this State through the use of a computer network, telephonic network or electronic network shall:

(a) Ensure that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or, if the items being shipped are not cigarettes, the words “tobacco products,” “vapor products” or “nicotine products,” as applicable.

(b) Obtain the full name, date of birth and residential address of the purchaser and perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 21 years.

3.  Every person who makes sales as described in subsection 2 must certify annually to the Attorney General that the person uses an independent, third-party age verification service as described in paragraph (b) of subsection 2.

4.  In addition to or in lieu of any other civil or criminal remedy provided by law, a person who violates this section is subject to:

(a) A civil penalty in an amount not more than $1,000 for each violation; and

(b) The suspension or revocation of the license of the person by the Department of Taxation, if the person is licensed pursuant to chapter 370 of NRS.

5.  Any violation of subsection 2 constitutes a deceptive trade practice for the purpose of NRS 598.0903 to 598.0999, inclusive.

6.  For the purposes of this section, any sale of cigarettes, cigarette paper, products containing, made or derived from tobacco, vapor products, alternative nicotine products or products containing, made or derived from nicotine to a natural person in this State who does not intend to resell the item constitutes a sale to an ultimate consumer.

Las Vegas, Nev., § 9.20.010 – Prohibited where—Exceptions.
Effective: 1/1/75 – Through: 10/1/23
(A) It is unlawful for any person, firm, corporation or association, managing, controlling or presenting shows of any kind in any theater building, motion picture theater, including projection rooms, to allow or permit any person to smoke within the confines of the building except in restrooms or in a lounge provided by the theater, completely enclosed and separated from the main seating room.

(B) This Section shall not be deemed to make it unlawful for a performer to smoke upon the stage during and as a part of any theatrical production.

Nev. Rev. Stat. § 678D.310. Violations and penalties
Effective: 10/1/21 – Through: 10/1/23
1.  Except as otherwise provided in chapter 678C of NRS, a person shall not:

(a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility;

(b) Cultivate cannabis plants where they are visible from a public place by normal unaided vision; or

(c) Cultivate cannabis on property not in the cultivator’s lawful possession or without the consent of the person in lawful physical possession of the property.

2.  A person who violates the provisions of subsection 1 is guilty of:

(a) For a first violation, a misdemeanor punished by a fine of not more than $600.

(b) For a second violation, a misdemeanor punished by a fine of not more than $1,000.

(c) For a third violation, a gross misdemeanor.

(d) For a fourth or subsequent violation, a category E felony.

3.  Except as otherwise provided in subsection 10 or by regulations adopted by the Board pursuant to NRS 678B.645, a person who smokes or otherwise consumes cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle is guilty of a misdemeanor punished by a fine of not more than $600.

4.  A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor and shall be punished by:

(a) Performing not more than 24 hours of community service;

(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

(c) Being required to undergo an evaluation in accordance with subsection 2 of NRS 484C.350,

Ê or any combination thereof.

5.  If a person under 21 years of age fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

6.  A person under 21 years of age who knowingly enters, loiters or remains on the premises of an adult-use cannabis establishment shall be punished by a fine of not more than $500 unless the person is authorized to possess cannabis pursuant to chapter 678C of NRS and the adult-use cannabis establishment is a dual licensee.

7.  A person who manufactures cannabis by chemical extraction or chemical synthesis, unless done pursuant to an adult-use cannabis establishment license for an adult-use cannabis production facility issued by the Board or authorized by this title, is guilty of a category E felony.

8.  A person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.

9.  A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.

10.  A person may smoke or otherwise consume cannabis or a cannabis product in a cannabis consumption lounge.

Nev. Rev. Stat. § 268.090. Power to license and regulate sale of intoxicating liquor
1. In addition to any authority or power now provided by the charter of any incorporated city in this State, whether incorporated by general or special act, or otherwise, except as otherwise provided in this section, there is hereby granted to each of the cities incorporated under any law of this State the power and authority to fix, impose and collect a license tax on, and regulate the sale of, beer, wines or other beverages now or hereafter authorized to be sold by act of Congress.
2. An incorporated city may deny or refuse to renew the license of a person who has willfully violated the provisions of NRS 369.630 more than three times in any 24-month period.
3. An incorporated city shall not deny a license to a person solely because the person is not a citizen of the United States.
4. The Legislative Counsel Bureau is exempt from the provisions of this section with respect to the purchase and sale of souvenir wine pursuant to NRS 218F.430.

Las Vegas, Nev. § 6.50.010- Liquor control—Regulatory powers declared.
The City Council declares that this Alcoholic Beverage Control Chapter is an exercise of the regulatory powers delegated to the City Council pursuant to the City Charter and NRS 268.090, inter alia. The regulations contained in this Chapter involve, to the highest degree, the economic, social, physical and moral well-being of the residents and taxpayers of the City. The sale or other disposition of alcoholic beverages is not a matter of right but of privilege, which would otherwise be unlawful if it were not exercised pursuant to a license. This privilege may be denied, revoked, conditioned, suspended or subjected to any other disciplinary action by the City in the exercise of its police powers for the protection of the safety, welfare, health, peace and morals of the residents and taxpayers thereof. Businesses engaged in the sale or other disposition of alcoholic beverages must therefore comply with LVMC Chapter 6.06. Every person licensed pursuant to this Chapter shall cooperate with Department and Metro personnel in the exercise of their duties under this Chapter. Nothing in this Chapter shall be construed to confer any legitimate claim of entitlement to any benefit which might otherwise devolve upon any licensee or any person approved for suitability..