Nevada

Updated: 9/1995

Status: Possibly permitted

Statute

Nevada statute Title 32, Chapter 369, § 369.490 provides that, no person shall directly or indirectly, himself or by his clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this state, or transport or import or cause to be transported or imported any liquor in or into this state for delivery, storage, use or sale therein, unless such person has complied fully with the provisions of this chapter and is a holder of an appropriate, valid license, permit or certificate issued by the department. The definition of “liquor” in Nevada includes beer (N.R.S. § 369.040).

Discussion

Presently, no provision, exception, exemption, license, permit, or certificate exists with respect to the home production of beer in Nevada. However, § 369.490 appears to only require a valid permit, license or certificate when the “liquor” in question is produced for sale. Since home produced beer is not intended to be sold it may be outside the scope of § 369.490.

Special Provisions

N/A

State Alcohol Beverage Control Agency

• Nevada Department of Taxation
• 1550 College Parkway
• Carson City, NV 89706
• Phone: 866-962-3707; (775) 684-2000
• Fax: (775) 684-2020

• Las Vegas Phone (702) 486-2300 Fax (702) 486-2373
• Henderson Phone (702) 486-2300 Fax (702) 486-3377
• Reno Phone (775) 687-9999 Fax (775) 688-1303

Applicable Statutory Material

§ 202.015. “Alcoholic beverage” defined.
For the purposes of N.R.S. 202.020 to 202.065, inclusive, “alcoholic beverage” means:

1. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of 1 percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.

2. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of 1 percent of alcohol by volume.

3. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.

§ 369.010. “Beer” defined.
As used in this chapter, “Beer” means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water.

§ 369.040 “Liquor” defined.
1. As used in this chapter, “liquor” means beer, wine, gin, whiskey cordials, ethyl alcohol or rum, and every liquid containing one-half of 1 percent or more of alcohol by volume and which is used for beverage purposes.
§ 369.180. Required licenses.

In addition to the limitations imposed by NRS 598.355 and 598.357, a person shall not:

1. Import liquors into this state unless he first secures an importer’s license or permit from this state.

2. Engage in business as a wholesale dealer of wines and liquors in this state unless he first secures a wholesale wine and liquor dealer’s license from this state.
3. Engage in business as a wholesale dealer of beer in this state unless he first secures a wholesale beer dealer’s license from this state.

4. Operate a winery in this state or export wine from this state unless he first secures a wine-maker’s license from this state.

5. Operate a brewery in this state unless he first secures a brewer’s license from this state.

§ 369.490. Unlawful to possess, sell or transport liquor without required license, permit or certificate; exceptions.

1. Except as provided in subsection 2, no person shall directly or indirectly, himself or by his clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this state, or transport or import or cause to be transported or imported any liquor in or into this state for delivery, storage, use or sale therein, unless such person has complied fully with the provisions of this chapter and is a holder of an appropriate, valid license, permit or certificate issued by the department.

2. The provisions of this chapter do not apply to a person entering this state with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty; nor do the provisions of this chapter apply to a person who imports 1 gallon or less of alcoholic beverage per month from another state for his own household or personal use.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.