Definitions
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 370.004 and 370.006 have the meanings ascribed to them in those sections.
Nevada · statute · Nev. Rev. Stat. ch. 370 · 200 active provisions
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 370.004 and 370.006 have the meanings ascribed to them in those sections.
“Knowingly” means actual knowledge that the facts exist which constitute an act or omission, or such knowledge as an ordinarily prudent person would possess using reasonable care and diligence.
“Negligently” means a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent person usually exercises in his or her own business.
As used in NRS 370.007 to 370.430, inclusive, and 370.505 to 370.530, inclusive, unless the context otherwise requires, the words and terms defined in NRS 370.008 to 370.055, inclusive, have the meanings ascribed to them in those sections.
“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: 1. A vapor product; 2. A product made or derived from tobacco; or 3. Any product regulated by the Uni…
“Basic cost of cigarettes” means the manufacturer’s invoice cost of cigarettes by carton to the wholesale dealer in the quantity last purchased, less all allowances in an amount not exceeding 2.5 percent of the invoice cost of cigarettes by carton, plus the full value of any cigarette revenue stamps that are affixed to…
“Cigarette” means all rolled tobacco or substitutes therefor wrapped in paper or any substitute other than tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated or mixed with any other ingredient.
“Cigarette package” means the individual pack, box or other container that contains a cigarette. The term does not include a container that itself contains other containers, such as a carton of cigarettes.
1. “Cigarette rolling machine” means any machine that: (a) May be loaded with loose tobacco, cigarette tubes, cigarette papers or any other component related to the production of cigarettes; (b) Is designed to automatically or mechanically produce, roll, fill, dispense or otherwise manufacture cigarettes; (c) Is of a c…
“Cigarette vending machine operator” means any retail dealer licensed to sell only Nevada stamped cigarettes by means of coin-operated machines anywhere in Nevada.
“Consumer” means any person who comes into possession of cigarettes in this State as a final user for any purpose other than offering them for sale as a wholesale or retail dealer.
“Contraband tobacco products” means any: 1. Counterfeit cigarettes; 2. Other counterfeit tobacco product; 3. Cigarettes or “roll-your-own” tobacco offered for sale in this State by a manufacturer, or cigarettes or “roll-your-own” tobacco of a brand family or style, that is not listed in the directory created pursuant t…
“Cost to the wholesale dealer” means the basic cost of cigarettes to the wholesale dealer, except as otherwise provided in this chapter.
“Counterfeit cigarettes” means any cigarettes or cigarette packages: 1. Bearing false manufacturing labels; 2. Bearing counterfeit stamps; or 3. Meeting any combination of the descriptions contained in subsections 1 and 2.
“Counterfeit stamp” means any stamp that: 1. Falsely depicts a stamp approved by the Department or a tax stamp authorized pursuant to the laws of any other state governing the taxation of cigarettes; or 2. Was not sold by the Department or its agents or pursuant to the laws of any other state governing the taxation of…
1. “Delivery sale” means any sale of cigarettes, cigarette paper or other tobacco products, whether the seller is located within or outside of the borders of this State, to a consumer in this State for which: (a) The purchaser submits the order for the sale by means of a telephonic or other method of voice transmission…
“Delivery service” means any person engaged in the commercial delivery of letters, packages or other containers.
“Importer” means any person in a state or territory of the United States to whom cigarettes that are manufactured outside the United States are shipped, delivered or consigned for resale.
“License” means a license issued pursuant to NRS 370.531 to 370.597, inclusive, that authorizes the holder to conduct business as a manufacturer, a wholesale dealer or a tobacco retail dealer.
“Licensee” means the holder of a license.
1. “Manufacturer” means any person who: (a) Manufactures, fabricates, assembles, processes or labels a finished cigarette; (b) Imports, whether directly or indirectly, a finished cigarette into the United States for sale or distribution in this State; or (c) Owns, maintains, operates or permits any other person to oper…
“Other counterfeit tobacco product” means any other tobacco product or tobacco product package bearing a false manufacturing label.
“Other tobacco product” has the meaning ascribed to it in NRS 370.440.
“Place of business” means, for a person engaged in business as: 1. A wholesale dealer, any location from which cigarettes are distributed or where cigarettes are warehoused, stored or affixed with stamps; or 2. A retail dealer, any store, stand, outlet or other location through which cigarettes are distributed or sold…
“Qualified tribal land” means any real property: 1. For which legal title is vested in, or held in trust for the benefit of, an Indian tribe or an individual Native American, and which is subject to restrictions against alienation pursuant to federal law; and 2. Over which an Indian tribe exercises governmental power.