1. Except as otherwise provided in subsection 4, a person shall not sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of: (a) A resort hotel, as defined in NRS 463.01865 ; (b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team; (c) A convention facility operated by a county fair and recreation board; or (d) A median of a highway, if the median is adjacent to a parking lot. 2. For any violation of subsection 1, a city council or other governing body of an incorporated city may impose a criminal, civil or administrative penalty in accordance with an ordinance adopted by the city council or other governing body of an incorporated city pursuant to NRS 268.097993 . The maximum criminal penalty that may be specified in an ordinance adopted pursuant to NRS 268.097993 is a misdemeanor. A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude. 3. Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from: (a) A resort hotel, as defined in NRS 463.01865 ; (b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team; (c) A convention facility operated by a county fair and recreation board; or (d) A median of a highway that is adjacent to a parking lot. 4. A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.
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