Text: HF02482 Text: HF02484 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Section 1. Section 453A.1, subsections 3 and 4, Code 1995, 1 2 are amended by striking the subsections. 1 3 Sec. 2. Section 453A.3, unnumbered paragraph 1, Code 1995, 1 4 is amended to read as follows: 1 5 A person who violates section 453A.2, subsection 1,or1 6section 453A.39is guilty of a simple misdemeanor. 1 7 Sec. 3. Section 453A.13, subsections 1 and 2, Code 1995, 1 8 are amended to read as follows: 1 9 1. PERMITS REQUIRED. Every distributor, wholesaler,1 10cigarette vendor,and retailer, now engaged or who desires to 1 11 become engaged in the sale or use of cigarettes, upon which a 1 12 tax is required to be paid, shall obtain a state or retail 1 13 cigarette permit as a distributor, wholesaler,cigarette1 14vendor,or retailer, as the case may be. 1 15 2. ISSUANCE OR DENIAL. 1 16 a. The department shall issue state permits to 1 17 distributors,and wholesalers, and cigarette vendorssubject 1 18 to the conditions provided in this division. Cities may issue 1 19 retail permits to dealers within their respective limits. 1 20 County boards of supervisors may issue retail permits to 1 21 dealers in their respective counties, outside of the corporate 1 22 limits of cities. 1 23 b. The department may deny the issuance of a permit to a 1 24 distributor, wholesaler,vendoror retailer who is 1 25 substantially delinquent in the payment of a tax due, or the 1 26 interest or penalty on the tax, administered by the department 1 27 at the time of application. If the applicant is a 1 28 partnership, a permit may be denied if a partner is 1 29 substantially delinquent on any delinquent tax, penalty or 1 30 interest. If the applicant is a corporation, a permit may be 1 31 denied if any officer having a substantial legal or equitable 1 32 interest in the ownership of the corporation owes any 1 33 delinquent tax, interest or penalty of the applicant 1 34 corporation. 1 35 Sec. 4. Section 453A.13, subsection 3, unnumbered 2 1 paragraph 1, Code 1995, is amended to read as follows: 2 2 All permits provided for in this division shall expire on 2 3 June 30 of each year. A permit shall not be granted or issued 2 4 until the applicant has paid for the period ending June 30 2 5 next, to the department or the city or county granting the 2 6 permit, the fees provided for in this division. The annual 2 7 state permit fee for a distributor, cigarette vendor,and 2 8 wholesaler is one hundred dollars when the permit is granted 2 9 during the months of July, August, or September. However, 2 10 whenever a state permit holder operates more than one place of 2 11 business, a duplicate state permit shall be issued for each 2 12 additional place of business on payment of five dollars for 2 13 each duplicate state permit, but refunds as provided in this 2 14 division do not apply to any duplicate permit issued. 2 15 Sec. 5. Section 453A.13, subsection 6, Code 1995, is 2 16 amended to read as follows: 2 17 6. NO SALES WITHOUT PERMIT. No distributor, wholesaler, 2 18cigarette vendor,or retailer shall sell any cigarettes until 2 19 such application has been filed and the fee prescribed paid 2 20 for a permit and until such permit is obtained and only while 2 21 such permit is unrevoked and unexpired. 2 22 Sec. 6. Section 453A.22, subsection 2, unnumbered 2 23 paragraph 1, Code 1995, is amended to read as follows: 2 24 2. If a retailer or employee of a retailer has violated 2 25 section 453A.2,or 453A.36, subsection 6,or 453A.39,the 2 26 department or local authority, in addition to the other 2 27 penalties fixed for such violations in this section, shall 2 28 assess a penalty upon the same hearing and notice as 2 29 prescribed in subsection 1 as follows: 2 30 Sec. 7. Section 453A.36, subsection 6, Code 1995, is 2 31 amended by striking the subsection and inserting in lieu 2 32 thereof the following: 2 33 6. a. A person shall not sell cigarettes or tobacco 2 34 products through a vending machine or through self-service 2 35 displays in this state and a person shall not give away 3 1 cigarettes or tobacco products at any time in this state. Any 3 2 cigarettes or tobacco products or related items sold or 3 3 distributed in this state are subject to all of the following, 3 4 as applicable: 3 5 (1) All sales of cigarettes and tobacco products shall be 3 6 made in face-to-face sales and age verification shall be 3 7 required for each sale. 3 8 (2) Single cigarettes shall not be sold and packages of 3 9 cigarettes shall not be sold unless the package contains 3 10 twenty or more cigarettes. 3 11 (3) Cigarettes and tobacco products shall not be purchased 3 12 or provided through mail order in this state. 3 13 (4) Promotional items, including but not limited to caps, 3 14 T-shirts, and bags, which bear the logo or name of a cigarette 3 15 or tobacco product, shall not be sold or distributed in this 3 16 state and proof of purchase exchanges for cigarettes or other 3 17 tobacco products are prohibited in this state. 3 18 b. A person who violates this subsection is guilty of a 3 19 serious misdemeanor. 3 20 Sec. 8. NEW SECTION. 453A.36A CIGARETTES AND OTHER 3 21 TOBACCO PRODUCTS – ADVERTISING, PROMOTIONAL LIMITATIONS. 3 22 1. It is unlawful for any person to advertise on any 3 23 advertising device cigarettes or other tobacco products within 3 24 one thousand feet of any playground, school, high school, or 3 25 other facility when such facility is being used primarily by 3 26 persons under age eighteen for recreational, educational, or 3 27 other purposes. 3 28 2. Any advertising of cigarettes or tobacco products on 3 29 advertising devices in this state, no matter where located, 3 30 including but not limited to advertising devices located on 3 31 public transportation or at the point-of-sale, shall be in 3 32 black and white text only. 3 33 3. Use of the brand name or logo of a cigarette or tobacco 3 34 product shall not be used in the promotion of any sport or 3 35 entertainment event held in this state. However, the 4 1 corporate name of a manufacturer, distributor, wholesaler, 4 2 retailer, or distributing agent may be used in the promotion 4 3 of such an event. 4 4 4. A person who violates this section is guilty of a 4 5 serious misdemeanor. 4 6 Sec. 9. NEW SECTION. 453A.57 CIGARETTE AND TOBACCO 4 7 PRODUCT EDUCATION CAMPAIGN FUND ESTABLISHED. 4 8 1. A cigarette and tobacco product education campaign fund 4 9 is created within the state treasury under the control of the 4 10 Iowa department of public health. Moneys received by the 4 11 department from fees collected and designated for this purpose 4 12 shall be deposited in the state treasury to the credit of the 4 13 fund and are appropriated for the purposes specified in this 4 14 section. Notwithstanding section 8.33, any unexpended balance 4 15 in the fund at the end of each fiscal year shall be retained 4 16 in the fund. Any interest and earnings on investments from 4 17 money in the fund shall be credited to the fund, section 12C.7 4 18 notwithstanding. 4 19 2. Every manufacturer, distributor, distributing agent, 4 20 wholesaler, retailer, or subjobber who engages in the sale, 4 21 distribution, or use of cigarettes or tobacco products in this 4 22 state, upon which a tax is required to be paid, and who is 4 23 required to obtain a permit or license, shall pay, in addition 4 24 to any fee for a permit, a fee of one hundred dollars at the 4 25 time of application for a permit or license. If a state 4 26 permit holder operates more than one place of business, the 4 27 fee shall only be paid at the time of the initial application 4 28 for a permit or license. The moneys collected shall be 4 29 deposited in the cigarette and tobacco product education 4 30 campaign fund created in this section. 4 31 3. The Iowa department of public health shall develop and 4 32 implement a cigarette and tobacco product education campaign 4 33 to educate minors and others about the hazards of using 4 34 cigarettes and tobacco products. 4 35 Sec. 10. Section 453A.42, subsection 8, Code 1995, is 5 1 amended to read as follows: 5 2 8. "Place of business" means any place where tobacco 5 3 products are sold or where tobacco products are manufactured, 5 4 stored, or kept for the purpose of sale or consumption, 5 5 including any vessel, vehicle, airplane, or train, or vending5 6machine. 5 7 Sec. 11. Section 453A.39, Code 1995, is repealed. 5 8 EXPLANATION 5 9 This bill establishes a variety of provisions relating to 5 10 cigarettes and tobacco products. The bill eliminates all 5 11 means of selling or distributing cigarettes or tobacco 5 12 products in the state with the exception of face-to-face 5 13 sales. The bill also prohibits the sale or distribution of 5 14 products which include the name or logo of a cigarette or 5 15 tobacco product and prohibits proof of purchase exchanges for 5 16 cigarettes and tobacco products. The bill prohibits outdoor 5 17 advertising of cigarettes and tobacco products within 1,000 5 18 feet of a playground, school, high school, or other facility 5 19 if the facility is being used primarily by persons under the 5 20 age of 18 for recreational, educational, or other purposes and 5 21 allows other advertising only if the text of the advertisement 5 22 is black and white only. The bill also prohibits the use of 5 23 brand names in the sponsorship of sporting or entertainment 5 24 events within the state, but allows the use of the corporate 5 25 name for this purpose. The bill also requires manufacturers, 5 26 wholesalers, distributors, distributing agents, retailers, and 5 27 subjobbers in the state to contribute to a cigarette and 5 28 tobacco product education campaign fund created in the state 5 29 treasury to be used by the Iowa department of public health to 5 30 educate minors and others regarding the hazards associated 5 31 with the use of cigarettes and tobacco products. The bill 5 32 establishes a penalty of a serious misdemeanor for any 5 33 violation of the new provisions. 5 34 LSB 3229HH 76 5 35 pf/jw/5
Text: HF02482 Text: HF02484 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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