§ 370.415 — Seizure and disposition of counterfeit stamps, contraband tobacco products, machinery used to manufacture contraband tobacco products and unlawfully used cigarette rolling machines; additional penalty

Nevada § 370.415

• Jurisdiction: Nevada
• Title 32: REVENUE AND TAXATION
• Ch. 370: Tobacco:

Text

1. The Department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any counterfeit stamps, contraband tobacco products, machinery used to manufacture contraband tobacco products and cigarette rolling machines being used in violation of any provision of this chapter that are found or located in the State of Nevada.
2. A sheriff or other peace officer who seizes stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section shall provide written notification of the seizure to the Department not later than 5 working days after the seizure. The notification must include the reason for the seizure.
3. After consultation with the Department, the sheriff or other peace officer shall transmit the contraband tobacco products to the Department if:
(a) The contraband tobacco products consist of cigarettes and:
(1) Except for revenue stamps being properly affixed as required by this chapter, the cigarettes comply with all state and federal statutes and regulations; and
(2) The Department approves the transmission of the cigarettes; or
(b) The contraband tobacco products consist of any other tobacco products and the Department approves the transmission of the other tobacco products.
4. Upon the receipt of any:
(a) Cigarettes pursuant to subsection 3, the Department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270 ; or
(b) Other tobacco products pursuant to subsection 3, the Department shall:
(1) Sell the other tobacco products to the highest bidder among the licensed wholesale dealers in this State after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in the Department’s records; or
(2) If there is no bidder, or in the opinion of the Department the quantity of the other tobacco products is insufficient, or for any other reason such disposition would be impractical, destroy or dispose of the other tobacco products as the Department may see fit.
Ê The proceeds of all sales pursuant to this paragraph must be classed as revenues derived under the provisions of NRS 370.440 to 370.503 , inclusive.
5. The sheriff or other peace officer who seizes any stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section shall:
(a) Destroy the stamps, machinery and cigarette rolling machines; and
(b) If he or she does not transmit the contraband tobacco products to the Department, destroy the contraband tobacco products.
6. In addition to any other penalty provided by law, the Department may impose a civil penalty upon a person who violates NRS 370.405 or 370.410 resulting in the seizure of counterfeit stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section in the amount of $10,000 or the total costs incurred by the Department for the transportation, storage and disposal of the counterfeit stamps, contraband tobacco products, machinery or cigarette rolling machines, whichever is greater.
7. All penalties imposed pursuant to subsection 6 must be paid to the Department in the form of remittances payable to the Department and deposited in a separate account in the State General Fund to be used for the enforcement of the provisions of this section.

Legislative History

(Added to NRS by 1973, 1005 ; A 1975, 1721 ; 2001, 2137 ; 2005, 1197 ; 2007, 2058 ; 2015, 2958 ; 2019, 633 ; 2023, 441 )