1. A person who operates a grocery store may serve samples of alcoholic beverages on the premises of the grocery store if the person:
(a) Is licensed to sell, at retail, alcoholic beverages on the premises of the grocery store;
(b) Obtains an annual permit to serve such samples from the local governing body that has jurisdiction to license and regulate the sale of alcoholic beverages on the premises of the grocery store;
(c) Purchases any alcoholic beverages used for such samples from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS; and
(d) Complies with the requirements of this section.
2. A person who holds an annual permit issued pursuant to this section may serve samples of alcoholic beverages on the premises of the grocery store only to persons of legal age and only in such quantities as are necessary to provide a sample or taste of the alcoholic beverages.
3. Notwithstanding any other provision of law, a supplier, manufacturer, importer or wholesale dealer of alcoholic beverages may assist a person who operates a grocery store in serving samples of alcoholic beverages pursuant to this section. The assistance authorized by this subsection is limited to the pouring of such samples or the provision of information, instruction or education regarding the product being sampled, or any combination of those tasks. The provision of such assistance does not relieve the person who operates the grocery store from the responsibility of complying with all the requirements of this section.
4. A local governing body may adopt reasonable restrictions regarding the time, place, manner and frequency of the activities authorized by this section. Such restrictions must not prohibit or unreasonably interfere with the activities authorized by this section.
5. A person who serves samples of alcoholic beverages on the premises of a grocery store in violation of any provision of this section is guilty of a misdemeanor.
6. This section preempts any local charter, code, ordinance or regulation that is in conflict with the purposes and objectives of this section.
7. A local governing body may not charge any fee for issuing an annual permit pursuant to this section.
8. As used in this section:
(a) "Convenience store" means a store which is principally devoted to providing the public with a convenient location to purchase consumable products quickly and in which the area open to the public is less than 5,000 square feet.
(b) "Grocery store" means a store which is principally devoted to the sale of food for human consumption off the premises or which derives a substantial amount of its gross revenue from the sale of food for human consumption off the premises, regardless of whether the store is also devoted to or derives gross revenue from the sale of nonfood items. The term does not include:
(1) A convenience store.
(2) A store at which the sale of food for human consumption off the premises is incidental to the principal purpose of the store.
(Added to NRS by 2005, 1270)