Nevada Revised Statutes Title 52. Trade Regulations and Practices § 597.7641. Limitation on commission for online food order during certain periods in which declaration of emergency is in effect; provisions do not supersede or preempt certain ordinances

1. During any period in which a declaration of emergency is in effect in a county in this State and social distancing requirements and occupancy limitations on the capacity of food dispensing establishments apply to that county, a food delivery service platform provider shall not charge a food dispensing establishment in that county a commission for an online food order that exceeds 15 percent of the food purchase price of the online food order, plus a credit card processing fee, if any. A food dispensing establishment in such a county may agree in writing to pay a food delivery service platform provider a commission that exceeds the limit established in this subsection to obtain optional products or services, including, without limitation, advertising, marketing or access to customer subscription programs.

2. A food delivery service platform provider shall not reduce the compensation rates paid to any person who delivers food for the provider or garnish the gratuities of such a person as a result of this section.

3. The provisions of this section do not supersede or preempt an ordinance enacted by a governing body of a county in this State that places limits on the maximum commission that a food delivery service platform provider may charge a food dispensing establishment if such an ordinance was in effect on or before April 30, 2021.

4. As used in this section, “governing body” means the board of county commissioners or, in the case of Carson City, the Board of Supervisors.