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Page 11 1 1995, are amended by striking the subsections. 2 Sec. 65. Section 453A.2, Code 1995, is amended by 3 adding the following new subsection: 4 NEW SUBSECTION. 5. A violation of subsection 1 is 5 a violation of section 714.16, subsection 2, paragraph 6 "a". 7 Sec. 66. Section 453A.3, unnumbered paragraph 1, 8 Code 1995, is amended to read as follows: 9 A person who violates section 453A.2, subsection 1, 10or section 453A.39is guilty of a simple misdemeanor. 11 Sec. 67. Section 453A.6, subsection 1, Code 1995, 12 is amended to read as follows: 13 1. There is imposed, and shall be collected and 14 paid to the department,the following taxeson all 15 cigarettes used or otherwise disposed of in this state 16 for any purposewhatsoever:17Class A. On cigarettes weighing not more than18three pounds per thousand, eighteen millsa tax at the 19 rate of three and six-tenths cents on eachsuch20 cigarette. 21Class B. On cigarettes weighing more than three22pounds per thousand, eighteen mills on each such23cigarette.24 Sec. 68. Section 453A.13, subsections 1 and 2, 25 Code 1995, are amended to read as follows: 26 1. PERMITS REQUIRED. Every distributor, 27 wholesaler, cigarette vendor,and retailer, now 28 engaged or who desires to become engaged in the sale 29 or use of cigarettes, upon which a tax is required to 30 be paid, shall obtain a state or retail cigarette 31 permit as a distributor, wholesaler,cigarette vendor,32 or retailer, as the case may be. 33 2. ISSUANCE OR DENIAL. 34 a. The department shall issue state permits to 35 distributors,and wholesalers, and cigarettevendors36 subject to the conditions provided in this division. 37 Cities may issue retail permits to dealers within 38 their respective limits. County boards of supervisors 39 may issue retail permits to dealers in their 40 respective counties, outside of the corporate limits 41 of cities. 42 b. The department may deny the issuance of a 43 permit to a distributor, wholesaler,vendoror 44 retailer who is substantially delinquent in the 45 payment of a tax due, or the interest or penalty on 46 the tax, administered by the department at the time of 47 application. If the applicant is a partnership, a 48 permit may be denied if a partner is substantially 49 delinquent on any delinquent tax, penalty or interest. 50 If the applicant is a corporation, a permit may be
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