Nevada Code § 268.0957

Accommodations Facilitators: Power to require quarterly reports and issue subpoenas
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1. The city council or other governing
body of an incorporated city:
(a) Whose population is 25,000 or more in a
county whose population is 700,000 or more shall adopt an ordinance requiring
an accommodations facilitator that facilitates the rental of a residential unit
in the incorporated city or a room or space within such a residential unit for
the purposes of transient lodging to submit a quarterly report to an agency of
the incorporated city of the information required by subsection 2 that is
collected by the accommodations facilitator.
(b) In a county whose population is less than
700,000 or an incorporated city whose population is less than 25,000 in a
county whose population is 700,000 or more may adopt an ordinance requiring an
accommodations facilitator that facilitates the rental of a residential unit in
the county or a room within such a residential unit for the purposes of
transient lodging to submit a quarterly report to an agency of the city of the
information required by subsection 2 that is collected by the accommodations facilitator.
(c) May adopt an ordinance requiring an owner or
lessee which uses an accommodations facilitator that facilitates the rental of
a residential unit in the county or a room within such a residential unit for
the purposes of transient lodging to submit a quarterly report to an agency of
the incorporated city of any information required by subsection 2 regarding the
rental that is not collected by the accommodations facilitator.
2. The report required by subsection 1
must state, for the quarter:
(a) The number of bookings, listings, owners and
lessees for the incorporated city;
(b) The average number of bookings per listing
for the incorporated city;
(c) Current year-to-date booking value for the
incorporated city;
(d) Current year-to-date revenue collected from
all rentals through the accommodations facilitator in the incorporated city,
disaggregated by owner or lessee; and
(e) The average length of a rental in the
incorporated city.
3. An accommodations facilitator that
submits the report required by subsection 1 shall provide a copy of the report
to the Department of Taxation on a quarterly basis.
4. An ordinance adopted pursuant to
subsection 1 must authorize an agency of the incorporated city to issue
subpoenas for the production of documents, records or materials relevant for
determining whether a residential unit in the incorporated city or a room
within such a residential unit has been rented in violation of any law of this
State or an ordinance adopted by the city council or governing body of the
incorporated city. The ordinance must provide that such a subpoena may be
issued only if:
(a) There is evidence sufficient to support a
reasonable belief that a residential unit in the incorporated city or a room
within a residential unit has been rented or is being rented in violation of
any law of this State or an ordinance adopted by the city council or governing
body of the incorporated city;
(b) The subpoena identifies the rental alleged to
be in violation of any law of this State or an ordinance adopted by the city
council or governing body of the incorporated city and the provision of law or
ordinance allegedly violated.
A subpoena
issued pursuant to the ordinance must be mailed by regular and certified mail
to the accommodations facilitator or, if applicable, the owner or lessee who
was required to file a quarterly report regarding the rental pursuant to the
ordinance.
5. An ordinance adopted pursuant to
subsection 1 must require:
(a) An accommodations facilitator to whom a
subpoena has been issued to:
(1) Provide notice of the subpoena to the
user of the accommodations facilitator who provided the rental identified in
the subpoena.
(2) Produce any subpoenaed books, papers
or documents not later than 21 days after providing the notice required by
subparagraph (1) unless otherwise ordered by a court.
(b) An owner or lessee of a rental to whom a
subpoena has been issued pursuant to the ordinance to produce any subpoenaed
books, papers or documents not later than 21 days after the issuance of the
subpoena, unless otherwise ordered by a court.
6. If a person to whom a subpoena has been
issued pursuant to an ordinance adopted pursuant to subsection 1 refuses to
produce any document, record or material that the subpoena requires, the agency
of the incorporated city issuing the subpoena may apply to the district court
for the judicial district in which the investigation is being carried out for
the enforcement of the subpoena in the manner provided by law for the
enforcement of a subpoena in a civil action.
7. As used in this section:
(a) Accommodations facilitator has the meaning
ascribed to it in NRS 268.09792 .
(b) Hosting platform has the meaning ascribed
to it in NRS 268.09793 .
(c) Residential unit has the meaning ascribed
to it in NRS 268.097935 .

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