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Nevada Will Require ID Scanning for Tobacco Sales Beginning January 1, 2023

The time is Now - Get your Nevada ID Scanner 

Get your ID Scanner HERE 

New regulations for Tobacco sales are the reason, as starting January 1, 2023, all tobacco retailers and shops will require an ID Scanner for age verification before checkout. From January 1, 2023, bill AB360 will become a law that has strong regulation on the sales of tobacco, tobacco products, vape products, and e-cigarettes for buyers under 18. The retailers must ensure that the buyers provide a valid ID like a driving license, resident card, or any other government ID for age verification. 

Negligence Towards AB360 Brings Penalties - What are They?

Obviously, skipping the Nevada Electronic age verification law would cost you penalties, depending on your negligence level. Below are the penalties that will be imposed on the employee or agent owning the license of the shop/store.

  • The licensee must be issued a warning for the first and second violation within a 24-month period at the same premises.
  • For the third violation within 24 months at the same premises, the licensee is liable for a civil penalty of $500.
  • For the fourth violation within 24 months at the same premises, the licensee is liable for a civil penalty of $1,250.
  • For the fifth and any subsequent violation within 24 months at the same premises, the licensee is liable for a civil penalty of $2,500.

 

Get your ID Scanner HERE 

What Changes will AB360 Bring in Nevada?

Change is inevitable, and AB360 will bring changes that will alter how tobacco businesses serve their customers. It means businesses now need machines that can scan 2D barcodes and magnetic strips. Till now, a visual inspection of the buyer's ID was done, which may not always be accurate. After the legalization of Bill A360, the seller must use enhanced control methods like Nevada ID scanning to verify the buyer's age and validate their ID. 

This makes it mandatory for every gas station, casino, liquor store, tobacco seller, and more to use an ID scanner that can read different IDs and detect fake ones from them.

Who Must Follow This Rule?

Bill A360 applies to everyone offering age-restricted products and services. However, it's essential to note that this regulation applies to offline and online sales. Whether selling age-restricted items/services online or in an office, you must add ID Scanning software that can barricade underage patrons from testing and buying your items. With online shopping, shipping also includes the signature of anyone above 18 before the item is finally delivered.

In all scenarios, retailers, shops, and stores must incorporate ID Scanning machines to follow government policies and restrict underage buyers from buying restricted items.

Get your ID Scanner HERE 

Here is what AB360 Law amendment for Nevada Includes:

  • Section 1-4: Removed by the amendment
  • Section 5: This section is majorly altered for the people of the state of Nevada.

Here is what's included in Section 5 after AB360 Bill Amendment.

  1. Except as otherwise provided in subsections 2 and 4, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper, or other tobacco products to any child under the age of 18 years.  
  2. A person shall be deemed to be in compliance with the provisions of Subsection 1 if, before the person sells, distributes, or offers to sell to other cigarettes, cigarette paper, or other tobacco products, the person: 
  • Demands that the other person present a valid driver's license, permanent resident card, tribal identification card, or other written or documentary evidence which shows that the other person is 18 years of age or older. 
  • Is presented a valid driver's license, permanent resident card, tribal identification card, or other written or documentary evidence which shows that the other person is 18 years of age or older; and 
  • Reasonably relies upon the driver's license, permanent resident card, tribal identification card, or other written or documentary evidence presented by the other person. 
  • A person shall not sell, distribute or offer to sell cigarettes, cigarette paper, or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 18 years of age or older. A person who violates this subsection is liable for a civil penalty of $100 for each offense. 
  • The employer of a child who is under 18 years of age may allow the child to handle or transport cigarettes, cigarette paper, or other tobacco products, in the course of the child's lawful employment, provide cigarettes, cigarette paper, or other tobacco products to the child. 
  • A person who violates [this section] subsection 1 is liable for a civil penalty of: 
  • For the first violation within a 24-month period, $100. 
  • For the second violation within a 24-month period, $250. 
  • For the third and any subsequent violation within a 24-month period, $500. 
    • If an employee or agent of a licensee has violated subsection 1: 
    • The licensee must be issued a warning for the first and second violation within a 24-month period at the same premises. 
    • For the third violation within 24 months at the same premises, the licensee is liable for a civil penalty of $500. 
    • For the fourth violation within 24 months at the same premises, the licensee is liable for a civil penalty of $1,250. 
    • For the fifth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $2,500. 
    • A peace officer or any person performing an inspection under NRS 202.2496 may issue a notice of infraction for violating this section. A notice of infraction must be issued on a form prescribed by the Department and must contain: 
    • The location at which the violation occurred. 
    • The date and time of the violation. 
    • The name of the establishment at which the violation occurred. 
    • The signature of the person who issued the notice of infraction. 
    • A copy of the section which allegedly is being violated. 
    • Information advising the person to whom the notice of infraction is issued of how, and the time within which, the person must submit an answer to the notice of infraction; and 
    • Such other pertinent information as the peace officer or person performing the inspection under NRS 202.2496 determines is necessary. 
    • A notice of infraction issued under subsection 7 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed according to a duty imposed by law and is prima facie evidence of the facts alleged in the notice. 
    • A person to whom a notice of infraction is issued under subsection7 shall respond to the notice by: 
    • Admitting the violation stated in the notice and paying to the Department the applicable civil penalty outlined in subsection 3, 5, or 6. 
    • Denying liability for the infraction by notifying the Department and requesting a hearing as indicated on the infraction notice. Upon receipt of a request for a hearing under this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing according to chapter 233B of NRS. 
    • According to this section, any money collected by the Department from a civil penalty must be deposited in a separate account in the State General Fund to enforce this section and NRS 202.2493 and 202.2494. 
    • As used in this section, "licensee" means a person who holds a license issued by the Department pursuant.

    Interestingly this Nevada Electronic age verification law will come into rule from 1st January 2023. At Minor Decliner, you can choose from a wide range of Nevada AB360 ID Scanner Kit that gives you an advantage over the competition and provide better competition.

    Get your ID Scanner HERE 

    Find ID Scanner Compliant with AB360 Bill

    Look no further > Get your ID Scanner Here 

    Following this rule in Nevada, all tobacco sellers would require selling their products after using an age-verification ID scanner. However, what's important is to find which ID scanning machine complies with the amended bill. Minor Decliner is the one-stop destination that provides you with an array of age-verification ID Scanners to choose from and upscale your retail/store security.

    If you are all set to alter your working based on the new AB360 bill in Nevada, you can call 888-310-4001 to find the right ID scanner for your store/shop/retail.

    Get your ID Scanner HERE