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e for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:
(a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and
(b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.
2. A person shall not operate a device for automatic dialing and announcing to place:
(a) A call that is received by a telephone located in this State during the period between 8 p.m. and 9 a.m.; or
(b) A call-back or second call to the same telephone number if a person at the telephone number terminated the original call.
3. This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.
(Added to NRS by 1989, 79; A 1999, 3332; 2003, 2874)
NRS 597.816 Additional exceptions to prohibition of use. The provisions of NRS 597.814 do not prohibit the use of a device for automatic dialing and announcing by any person exclusively on behalf of:
1. A school or school district to contact the parents or guardians of a pupil regarding the attendance of the pupil or regarding other business of the school or school district.
2. A nonprofit organization.
3. A company that provides cable television services to contact its customers regarding a previously arranged installation of such services at the premises of the customer.
4. A public utility to contact its customers regarding a previously arranged installation of utility services at the premises of the customer.
5. A facility that processes or stores petroleum, volatile petroleum products, natural gas, liquefied petroleum gas, combustible chemicals, explosives, high-level radioactive waste or other dangerous substances to advise local residents, public service agencies and news media of an actual or potential life-threatening emergency.
6. A state or local governmental agency, or a private entity operating under contract with and at the direction of such an agency, to provide:
(a) Information relating to public safety;
(b) Information relating to a police or fire emergency; or
(c) A warning of an impending or threatening emergency.
7. A candidate for public office, committee advocating the passage or defeat of a ballot question, political party, committee sponsored by a political party or a committee for political action.
(Added to NRS by 1999, 3331)
NRS 597.818 Penalty.
1. A person who violates any provision of NRS 597.814 is guilty of a misdemeanor.
2. If a person is found guilty of, or has pleaded guilty or nolo contendere to, violating any provision of NRS 597.814, his telephone service to which a device for automatic dialing and announcing has been connected must be suspended for a period determined by the court.
(Added to NRS by 1999, 3332)
MISCELLANEOUS PROVISIONS
NRS 597.820 Profiteering in articles on which there is sales tax; penalty.
1. No person, dealer, firm, agency, partnership, corporation, service station, garage, or business concern of any kind, wholesale or retail, shall add to the selling price of any article of merchandise, commodity, service or utility, motor part or accessory, tire, gasoline or other motor fuel or lubricating liquid, or any article whatsoever upon which there is or hereafter may be a sales tax, either federal or state, when sold, offered or exposed for sale, trade or barter in this State, more than the actual amount of such sales tax in the smallest unit under which any of such articles is offered for sale or sold; provided, that where such sales tax in case of units of any such merchandise or articles amounts to less than 1 cent, 1 cent and no more may be added to the price of the unit when sold.
2. A violation of the provisions of subsection 1 shall be a misdemeanor.
[Part 1:175:1933; 1931 NCL § 6821] + [Part 2:175:1933; 1931 NCL § 6821.01]—(NRS A 1967, 620)—(Substituted in revision for NRS 598.010)
NRS 597.830 Unlawful additions to entertainment or amusement tax; penalty.
1. If a federal or state tax is imposed on an admission to or on a ticket sold for a public entertainment or amusement of any kind in this state, it shall be unlawful to add to the price of the admission or ticket more than the actual amount of the tax.
2. A violation of the provisions of subsection 1 shall be a misdemeanor.
[Part 1:175:1933; 1931 NCL § 6821] + [Part 2:175:1933; 1931 NCL § 6821.01]—(NRS A 1967, 620)—(Substituted in revision for NRS 598.020)
NRS 597.840 Unlawful retention of deposit for longer than agreed time; penalty.
1. A person shall not hold a deposit for the purchase of an item longer than the time specified in a contract between the purchaser and the seller if the purchaser is entitled to the return of the deposit.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than the amount of the deposit multiplied by the number of working days the deposit was retained after return was due.
(Added to NRS by 1985, 2255)—(Substituted in revision for NRS 598.025)
NRS 597.850 Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.
1. As used in this section and in NRS 597.860 and 597.870:
(a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.
(c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.
3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the premises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.
4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merc
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