NRS202.2496. Random inspections to enforce compliance with NRS 202.2493 and 202.2494; assistance of child in conducting inspection.

      1.  As necessary to comply with applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco and products made or derived from tobacco are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting any such inspection, the Attorney General may contract with:

      (a) Any sheriff’s department;

      (b) Any police department; or

      (c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.

      2.  If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child’s parent for such assistance.

      3.  A child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.

      4.  If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:

      (a) Refrain from altering or attempting to alter the child’s appearance to make the child appear to be 18 years of age or older.

      (b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.

      5.  The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:

      (a) Inform a representative of the business establishment from which the child attempted to purchase tobacco or products made or derived from tobacco that an inspection has been performed and the results of that inspection.

      (b) Prepare a report regarding the inspection. The report must include the following information:

             (1) The name of the person who supervised the inspection and that person’s position;

             (2) The age and date of birth of the child who assisted in the inspection;

             (3) The name and position of the person from whom the child attempted to purchase tobacco or products made or derived from tobacco;

             (4) The name and address of the establishment at which the child attempted to purchase tobacco or products made or derived from tobacco;

             (5) The date and time of the inspection; and

             (6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco or products made or derived from tobacco to the child.

      6.  No civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.

      (Added to NRS by 1995, 2602; A 2013, 1533)