1. 1. The board of county commissioners of a county and the governing body of an incorporated city may enact an ordinance authorizing, under such conditions as may be imposed by the ordinance:

   1. (a) A covered food establishment to sell at retail an alcoholic beverage in a container sealed by the covered food establishment for consumption off the premises; and
   2. (b) A covered food establishment, or a delivery support service acting on behalf of an establishment, to deliver an alcoholic beverage in a container sealed by the covered food establishment to a consumer in this State in connection with a retail sale of such an alcoholic beverage.

2. 2. The Department shall adopt regulations that provide for the imposition and collection of a surcharge, not to exceed 50 cents for each retail sale of an alcoholic beverage pursuant to subsection 1. The revenues collected from the surcharge must be distributed:

   1. (a) To the Department in an amount determined to be necessary by the Department to pay the costs of the Department in carrying out the provisions of this section, which must not exceed $250,000 each year; and
   2. (b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the Account for the Ignition Interlock and DUI Reduction Program created by NRS 484C.454 to be used for the purposes specified in that section.
3. 3. Except as otherwise provided in an ordinance enacted pursuant to subsection 1, the provisions of this chapter governing the transport of liquor, including, without limitation, the provisions which authorize the transport of liquor for delivery only by a person who holds a license issued under this chapter, do not apply to a delivery made pursuant to an ordinance enacted pursuant to subsection 1.

4. 4. The provisions of this section do not:

   1. (a) Require the Commission on Postsecondary Education created by NRS 394.383 to alter the curriculum developed pursuant to NRS 369.625 or any requirements relating to the certification of an alcoholic beverage awareness program pursuant to that section.
   2. (b) Abrogate, alter or otherwise affect any requirement set forth in NRS 369.489 or the regulations adopted pursuant thereto governing the delivery of liquor in its original package by a retail liquor store or a delivery support service acting on behalf of a retail liquor store.

5. 5. As used in this section:

   1. (a) “Alcoholic beverage” has the meaning ascribed to it in NRS 202.015.

   2. (b) “Covered food establishment” means a food establishment, as defined in NRS 580.050, that:

      1. (1) Prepares and serves food on the premises for consumption on or off the premises; and
      2. (2) Is licensed to sell at retail alcoholic beverages for consumption on the premises.

(Added to NRS by 2025, 2695)