NRS597.245. 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)