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House File 496 - IntroducedA Bill ForAn Act 1relating to inspections for violations relating
2to retailers of cigarettes, tobacco, tobacco products,
3alternative nicotine products, and vapor products that
4provide for use or consumption of regulated products on the
5retailer’s premises.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 453A.13A Inspections of violations
2of retailers — use or consumption of products on premises.
3As a condition for issuance of a permit to, and the continued
4holding of a valid permit by, a retailer, as defined in
5sections 453A.1 and 453A.42, of products regulated under this
6chapter that are used or consumed on the retailer’s premises,
7the applicant or holder must give consent to police, the
8county sheriff or deputy sheriff, members of the department
9of public safety, and certified peace officers to enter upon
10areas of the premises where such products are stored, sold,
11used, or consumed without a warrant during business hours
12of the retailer to inspect for violations of this chapter
13or ordinances and regulations that cities and boards of
14supervisors may adopt. However, a warrant is required for
15inspection of private records, a private business office, or
16attached living quarters. Persons who are not certified peace
17officers shall limit the scope of their inspections of licensed
18premises to the regulatory authority under which the inspection
19is conducted. All persons who enter upon a permitted
20premises to conduct an inspection shall present appropriate
21identification to the retailer or an employee of the retailer
22who appears to be in charge of the premises prior to commencing
23an inspection; however, this provision does not apply to
24undercover criminal investigations conducted by peace officers.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill provides for the inspection of the premises of
29a retailer of products regulated under Code chapter 453A
30(cigarette and tobacco taxes and regulation of alternative
31nicotine products and vapor products), if the regulated
32products are used or consumed on the premises.
33As a condition for issuance of a permit to, and the continued
34holding of a valid permit by, a retailer of the regulated
35products that are used or consumed on the retailer’s premises,
-1-1the permit applicant or holder must give consent to police, the
2county sheriff or deputy sheriff, members of the department of
3public safety, and certified peace officers to enter upon areas
4of the premises where such products are stored, sold, used, or
5consumed without a warrant during business hours to inspect for
6violations of the Code chapter or ordinances and regulations
7that cities and boards of supervisors may adopt. However,
8a warrant is required for inspection of private records, a
9private business office, or attached living quarters; persons
10who are not certified peace officers must limit the scope of
11their inspections to the regulatory authority under which the
12inspection is conducted; and those conducting an inspection
13must present appropriate identification prior to commencing
14an inspection unless the inspection is an undercover criminal
15investigation conducted by peace officers.
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2to retailers of cigarettes, tobacco, tobacco products,
3alternative nicotine products, and vapor products that
4provide for use or consumption of regulated products on the
5retailer’s premises.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 453A.13A Inspections of violations
2of retailers — use or consumption of products on premises.
3As a condition for issuance of a permit to, and the continued
4holding of a valid permit by, a retailer, as defined in
5sections 453A.1 and 453A.42, of products regulated under this
6chapter that are used or consumed on the retailer’s premises,
7the applicant or holder must give consent to police, the
8county sheriff or deputy sheriff, members of the department
9of public safety, and certified peace officers to enter upon
10areas of the premises where such products are stored, sold,
11used, or consumed without a warrant during business hours
12of the retailer to inspect for violations of this chapter
13or ordinances and regulations that cities and boards of
14supervisors may adopt. However, a warrant is required for
15inspection of private records, a private business office, or
16attached living quarters. Persons who are not certified peace
17officers shall limit the scope of their inspections of licensed
18premises to the regulatory authority under which the inspection
19is conducted. All persons who enter upon a permitted
20premises to conduct an inspection shall present appropriate
21identification to the retailer or an employee of the retailer
22who appears to be in charge of the premises prior to commencing
23an inspection; however, this provision does not apply to
24undercover criminal investigations conducted by peace officers.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill provides for the inspection of the premises of
29a retailer of products regulated under Code chapter 453A
30(cigarette and tobacco taxes and regulation of alternative
31nicotine products and vapor products), if the regulated
32products are used or consumed on the premises.
33As a condition for issuance of a permit to, and the continued
34holding of a valid permit by, a retailer of the regulated
35products that are used or consumed on the retailer’s premises,
-1-1the permit applicant or holder must give consent to police, the
2county sheriff or deputy sheriff, members of the department of
3public safety, and certified peace officers to enter upon areas
4of the premises where such products are stored, sold, used, or
5consumed without a warrant during business hours to inspect for
6violations of the Code chapter or ordinances and regulations
7that cities and boards of supervisors may adopt. However,
8a warrant is required for inspection of private records, a
9private business office, or attached living quarters; persons
10who are not certified peace officers must limit the scope of
11their inspections to the regulatory authority under which the
12inspection is conducted; and those conducting an inspection
13must present appropriate identification prior to commencing
14an inspection unless the inspection is an undercover criminal
15investigation conducted by peace officers.
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