[Rev. 11/21/2013 12:31:32
PM--2013]
CHAPTER 599A - SOLICITATION TO PURCHASE
LAND
NRS 599A.010 Definitions.
NRS 599A.020 “Customer”
defined.
NRS 599A.040 “Solicitation”
defined.
NRS 599A.050 Local
licensing and regulation; solicitation without license unlawful.
NRS 599A.053 Application
for license to include social security number of applicant. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support arrearages
and for noncompliance with certain processes relating to paternity or child
support proceedings.]
NRS 599A.056 Statement
regarding payment of child support by applicant for license; grounds for denial
of license; duty of board of county commissioners or governing body. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support arrearages
and for noncompliance with certain processes relating to paternity or child
support proceedings.]
NRS 599A.059 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 599A.060 Unfair
practices unlawful; penalties.
NRS 599A.070 Penalties
cumulative.
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NRS 599A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 599A.020 and 599A.040 have the meanings ascribed to them in such
sections.
(Added to NRS by 1971, 1259)
NRS 599A.020 “Customer” defined. “Customer”
means any person solicited to purchase any land or interest therein, located in
this state or elsewhere.
(Added to NRS by 1971, 1259)
NRS 599A.040 “Solicitation” defined. “Solicitation”
means any conduct for the procurement of prospective customers or any offer of
sale, option or reservation of any land or interest therein located in this
state or elsewhere, and includes, but is not limited to, any of the following
methods to carry out such purposes:
1. Advertising.
2. Offering gifts or other free benefits.
3. Promoting group meetings.
4. Using slides or movies.
(Added to NRS by 1971, 1259)
NRS 599A.050 Local licensing and regulation; solicitation without license
unlawful.
1. Consistent with the provisions of this
chapter, the board of county commissioners of any county and the governing body
of an incorporated city may license and regulate any practice connected with
the solicitation of customers for land sales.
2. In any county or incorporated city in
which the board of county commissioners or governing body has adopted an
ordinance requiring the licensing of any person engaged in solicitation, it is
unlawful for any person to commit any act of solicitation without first
obtaining such license.
(Added to NRS by 1971, 1259)
NRS 599A.053 Application for license to include social security number of
applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] An application for the issuance of a license
issued pursuant to NRS 599A.050 must include the
social security number of the applicant.
(Added to NRS by 1997, 2103)
NRS 599A.056 Statement regarding payment of child support by applicant for
license; grounds for denial of license; duty of board of county commissioners
or governing body. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or
renewal of a license issued pursuant to NRS 599A.050
shall submit to the board of county commissioners or the governing body of the
incorporated city issuing the license the statement prescribed by the Division
of Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520. The
statement must be completed and signed by the applicant.
2. The board of county commissioners or
the governing body of the incorporated city issuing the license shall include
the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the board of
county commissioners or governing body of the city.
3. A license may not be issued or renewed
by a board of county commissioners or the governing body of an incorporated
city pursuant to NRS 599A.050 if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the board
of county commissioners or governing body of the incorporated city shall advise
the applicant to contact the district attorney or other public agency enforcing
the order to determine the actions that the applicant may take to satisfy the
arrearage.
(Added to NRS by 1997, 2102)
NRS 599A.059 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If a board of county commissioners or
the governing body of an incorporated city receives a copy of a court order
issued pursuant to NRS 425.540 that
provides for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder of a
license issued by that governmental body pursuant to NRS
599A.050, the governmental body that issued the license shall deem the
license issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the governmental body
receives a letter issued to the holder of the license by the district attorney or
other public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. A board of county commissioners or the
governing body of an incorporated city shall reinstate a license issued
pursuant to NRS 599A.050 that has been suspended
by a district court pursuant to NRS 425.540
if the governmental body receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550
to the person whose license was suspended stating that the person whose license
was suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2102)
NRS 599A.060 Unfair practices unlawful; penalties.
1. In the solicitation of any customer, it
is an unfair practice for any person to commit any of the following acts:
(a) To misrepresent any material fact.
(b) To conceal any material fact.
(c) To make any false or deceptive statement.
(d) To fail to disclose any conditions or
obligations connected with any gift or other free benefit offered to such
customer.
(e) To contact anyone for the purpose of
soliciting such person to attend a land sales presentation without first
disclosing such purpose.
2. Any person committing any such unfair
practice is guilty of a misdemeanor.
3. In addition to the penalty provided in
subsection 2, the board of county commissioners or governing body of an
incorporated city may, by ordinance, prohibit, and provide a penalty for, the
commission of any unfair trade practice.
(Added to NRS by 1971, 1259)
NRS 599A.070 Penalties cumulative. The
penalties provided in this chapter shall be cumulative with respect to any
other provision of law.
(Added to NRS by 1971, 1260)
