rew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements: (a) Manufacture and store malt beverages on the premises of the brew pub and sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS. (b) Sell at retail malt beverages manufactured on or off the premises of the brew pub for consumption on the premises. (c) Sell at retail in packages sealed on the premises of the brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises. (Added to NRS by 1991, 383; A 1995, 1570, 1571) NRS 597.240 Operation of winery authorized in smaller counties. 1. A winery located in a county whose population is 100,000 or less, if it is federally bonded, may: (a) Import wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both. (b) Sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery. (c) Serve by the glass, on its premises, any alcoholic beverage. 2. For the purposes of this section, an instructional wine-making facility is not a winery. This section does not prohibit a person from operating an instructional wine-making facility in any county. (Added to NRS by 1991, 108; A 1993, 325, 1442; 2005, 1273) NRS 597.245 Operation of instructional wine-making facility. 1. A person may operate an instructional wine-making facility if the person: (a) Obtains a license for the facility pursuant to chapter 369 of NRS; (b) Complies with the requirements of this section; and (c) Complies with any other applicable governmental requirements for the operation of such a facility, including, without limitation, compliance with all applicable federal bonding, permitting and other requirements for the production, blending, treatment, storage and bottling of wine. 2. A person who is licensed to operate an instructional wine-making facility may: (a) Engage in the process of wine making on the premises of the facility; (b) Charge a fee to other persons of legal age for the purpose of providing those persons with instruction and the opportunity to participate directly in the process of wine making on the premises of the facility; and (c) Serve wine produced on the premises of the facility by the glass for consumption on the premises of the facility. 3. Wine produced on the premises of an instructional wine-making facility must be: (a) Used, consumed or disposed of on the premises of the facility; or (b) Distributed from the facility to a person of legal age who has participated directly in the process of wine making on the premises of the facility for the person’s own household or personal use. That person: (1) May distribute the wine to any other person of legal age as a gift. (2) Shall not remove from the facility: (I) Any wine other than that which the person participated directly in the process of making on the premises of the facility. (II) More than 60 gallons of wine during any period of 12 months. 4. Except as otherwise permitted by this section, if a person knows or reasonably should know that wine was produced on the premises of an instructional wine-making facility, the person shall not: (a) Directly or indirectly or through any other person, sell, offer to sell or solicit the purchase or sale of such wine at wholesale or retail; or (b) Use such wine for any purpose other than for the person’s own household or personal use. 5. A person who violates any provision of this section is guilty of a misdemeanor. 6. As used in this section: (a) “Instructional wine-making facility” means any facility that, for a fee, provides a person of legal age with instruction and the opportunity to participate directly in the process of wine making on the premises of the facility. The term does not include: (1) A wine maker or winery that is licensed pursuant to chapter 369 of NRS. (2) A university, state college or community college that is part of the Nevada System of Higher Education or any other postsecondary educational institution that is licensed by a federal or state agency and is accredited by a nationally recognized educational accrediting association. (b) “Process of wine making” means the usual and customary steps taken to produce wine. Such steps may include, without limitation: (1) Growing, buying and importing agricultural products and ingredients. (2) Selecting, preparing and processing agricultural products and ingredients. (3) Barreling, fermenting, aging, filtering, bottling, labeling, racking, warehousing and storing. (4) Importing bulk wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be blended with other wine and aged in a suitable cellar. (Added to NRS by 2005, 1271) NRS 597.250 Violations: Suspension or revocation of license. The license of any person who violates the provisions of NRS 597.210, 597.220, 597.230 or 597.245 must be suspended or revoked in the manner provided in chapter 369 of NRS. (Added to NRS by 1975, 624; A 1991, 384; 2005, 1273) Substitution of Brands NRS 597.260 Penalty; civil liability. 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 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 i

Vegas Law