NRS639.500. Submission of fingerprints and information concerning certain persons associated with wholesaler; issuance of provisional license; prohibitions.

      1.  In addition to the requirements for an application set forth in NRS 639.100, each applicant for a license to engage in wholesale distribution shall submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. If the applicant is a:

      (a) Natural person, that person must submit his or her fingerprints.

      (b) Partnership, each partner must submit his or her fingerprints.

      (c) Corporation, each officer and director of the corporation must submit his or her fingerprints.

      (d) Sole proprietorship, that sole proprietor must submit his or her fingerprints.

      2.  In addition to the requirements of subsection 1, the applicant shall submit with the application a list containing each employee, agent, independent contractor, consultant, guardian, personal representative, lender or holder of indebtedness of the applicant. The Board may require any person on the applicant’s list to submit a complete set of fingerprints to the Board if the Board determines that the person has the power to exercise significant influence over the operation of the applicant as a licensed wholesaler. The fingerprints must be submitted with written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The provisions of this subsection do not apply to a:

      (a) Lender or holder of indebtedness of an applicant who is a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or the Federal Government.

      (b) Common motor carrier or other delivery service that delivers a drug at the direction of a manufacturer.

      3.  The Board may issue a provisional license to an applicant pending receipt of the reports from the Federal Bureau of Investigation if the Board determines that the applicant is otherwise qualified.

      4.  An applicant who is issued a license by the Board shall not allow a person who is required to submit fingerprints pursuant to subsection 2 to act in any capacity in which the person exercises significant influence over the operation of the wholesaler if the:

      (a) Person does not submit a complete set of fingerprints in accordance with subsection 2; or

      (b) Report of the criminal history of the person indicates that the person has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or offense involving moral turpitude or related to the qualifications, functions or duties of that person in connection with the operation of the wholesaler.

      5.  The Board shall not issue a license to an applicant if the requirements of this section are not satisfied.

      (Added to NRS by 2005, 1608; A 2007, 1472)