1. No license may be issued, maintained or renewed if:

(a) The applicant for the license or any combination of persons directly or indirectly owning, in the aggregate, more than 10 percent of the ownership interests in the applicant:

(1) Is delinquent in the payment of any tax, penalty or fee administered by the Department;

(2) Is delinquent in any return that is required to be filed with the Department;

(3) Had a license revoked or had an equivalent license revoked in another jurisdiction within the past 2 years;

(4) Has been convicted of a crime relating to the manufacture, distribution or sale of cigarettes or other tobacco products or a crime relating to the avoidance or evasion of taxes;

(5) Is a manufacturer who has:

(I) Imported any cigarettes into the United States in violation of 19 U.S.C. § 1681a; or

(II) Imported or manufactured any cigarettes that do not fully comply with the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq.; or

(6) Is a nonparticipating manufacturer who is not in full compliance with subsection 2 of NRS 370A.140.

(b) Except as otherwise provided in this paragraph, the issuance of the license would result in the applicant conducting operations in the same physical location as another licensee. This paragraph does not apply to a licensee if:

(1) The licensee is licensed or is applying to be licensed as:

(I) A wholesale dealer of cigarettes or a wholesale dealer of other tobacco products; and

(II) A tobacco retail dealer;

(2) The licensee would conduct operations under both licenses at the same location; and

(3) Each licensee has the same ownership.

(c) The issuance would result in the applicant conducting operations from a residential address, storage facility, mailbox or post office box.

2. As used in this section:

(a) “Nonparticipating manufacturer” means any manufacturer of tobacco products that is not a participating manufacturer.

(b) “Participating manufacturer” has the meaning ascribed to it in NRS 370A.080.

(Added to NRS by 2019, 615)