Text: SF02077 Text: SF02079 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 453A.36, subsection 6, Code 1995, is 1 2 amended to read as follows: 1 3 6. Any sales of cigarettes or tobacco products made 1 4 through a cigarette vending machine are subject to rules and 1 5 penalties relative to retail sales of cigarettes and tobacco 1 6 products provided for in this chapter. No cigarettes shall be 1 7 sold through any cigarette vending machine unless the 1 8 cigarettes have been properly stamped or metered as provided 1 9 by this division, and in case of violation of this provision, 1 10 the permit of the dealer authorizing retail sales of 1 11 cigarettes shall be canceled. Payment of the license fee as 1 12 provided in section 453A.13 authorizes a cigarette vendor to 1 13 sell cigarettes or tobacco products through vending machines,1 14provided that the following conditions are met: the machines1 15are located in places where the machines are under the1 16supervision of a person of legal age who is responsible for1 17prevention of purchase by minors from the machines; the1 18machines are equipped with a lock-out device under the control1 19of a person of legal age who shall directly regulate the sale1 20of items through the machines, and which shall include a1 21mechanism to prevent the machines from functioning if the1 22power source for the lock-out device fails or if the lock-out1 23device is disabled, and a mechanism to ensure that only one1 24pack of cigarettes or one tobacco product is dispensed at a1 25time; and the location where the machines are placed is1 26covered by a local retail permit.However, a lock-out device1 27is not required for machines operated in the following1 28locations, if the machines are not to be placed in a doorway1 29or other area readily accessible to minors: a commercial1 30establishment holding a class "C" liquor license or a class1 31"B" beer permit under chapter 123, if the establishment is not1 32also licensed as a food service establishment under chapter1 33137B; a private facility not open to the public; or a1 34workplace not open to the public.Cigarettes or tobacco 1 35 products shall not be sold through a vending machine unless 2 1 the vending machine is located in a bar and unless the vending 2 2 machine is placed behind the counter from which alcoholic 2 3 beverages are served or in another location in the bar which 2 4 is not accessible to the public. For the purposes of this 2 5 subsection, "bar" means bar as defined in section 142B.1. 2 6 This section does not require a retail licensee to buy a 2 7 cigarette vendor's permit if the retail licensee is in fact 2 8 the owner of the cigarette vending machines and the machines 2 9 are operated in the location described in the retail permit. 2 10 EXPLANATION 2 11 This bill prohibits the sale of cigarettes or tobacco 2 12 products through a vending machine in any location other than 2 13 a bar and in a bar only if the vending machine is located 2 14 behind the counter or in another place within the bar which is 2 15 not accessible to the public. The bill also makes existing 2 16 penalties applicable to violation of the new provisions, which 2 17 include that if a holder of a distributor's, wholesaler's, or 2 18 manufacturer's permit violates the section, it is grounds for 2 19 revocation of a permit and if a retailer violates the section, 2 20 the retailer is subject to several levels of penalties based 2 21 upon the number of violations and ranging from a civil penalty 2 22 to revocation of the permit. 2 23 LSB 3755XS 76 2 24 pf/sc/14
Text: SF02077 Text: SF02079 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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