1. It is unlawful for a retailer of alcoholic beverages to substitute one brand of alcoholic beverage for a brand that has been specifically requested by the customer, unless the customer consents to the substitution. Any violation of this subsection by an employee must be attributed to the retailer.
2. A retailer who violates the provisions of subsection 1:
(a) For the first offense, is guilty of a misdemeanor and shall be fined an amount not to exceed $1,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(b) For the second offense, is guilty of a gross misdemeanor and shall be fined an amount not to exceed $2,000, plus the costs of prosecution. No sentence of incarceration may be imposed.
(c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be fined an amount equal to the costs of prosecution. The court shall impose no other criminal penalty, but shall, within 5 working days after the conviction, issue an order revoking the license to sell intoxicating liquor of the business and forward a certified copy of the order to the liquor board of county or governing body of the city, as applicable, which licensed the sale of liquor at the retailer’s place of business. The board shall not reissue such a license for that place of business for a period of at least 1 year.
3. In addition to the criminal penalties set forth in this section, the retailer, upon conviction, is liable in civil suit to the customer and to the supplier and wholesaler of the requested alcoholic beverage for the damages which result from the substitution. The court shall award the prevailing party in such an action attorney’s fees and his or her costs of the action.
4. As used in this section:
(a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.
(b) “Retailer” means the owner of a business where alcoholic beverages are sold by the drink. The term includes any person employed by the owner.
(c) “Supplier” has the meaning ascribed to it in NRS 597.140.
(d) “Wholesaler” has the meaning ascribed to it in NRS 597.150.
(Added to NRS by 1991, 360; A 1995, 1572)
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