Text: H01704                            Text: H01706
Text: H01700 - H01799                   Text: H Index
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House Amendment 1705

Amendment Text

PAG LIN
  1  1    Amend Senate File 499, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 2, by inserting after line 14 the
  1  4 following:
  1  5    "Sec. 101.  Section 453A.36, subsection 6, Code
  1  6 1997, is amended to read as follows:
  1  7    6.  Except as provided in this subsection, sales of
  1  8 cigarettes and tobacco products shall only be made in
  1  9 a direct face-to-face exchange.  Any sales of
  1 10 cigarettes or tobacco products made through a
  1 11 cigarette vending machine are subject to rules and
  1 12 penalties relative to retail sales of cigarettes and
  1 13 tobacco products provided for in this chapter.  No
  1 14 cigarettes shall be sold through any cigarette vending
  1 15 machine unless the cigarettes have been properly
  1 16 stamped or metered as provided by this division, and
  1 17 in case of violation of this provision, the permit of
  1 18 the dealer authorizing retail sales of cigarettes
  1 19 shall be canceled.  Payment of the license fee as
  1 20 provided in section 453A.13 authorizes a cigarette
  1 21 vendor to sell cigarettes or tobacco products through
  1 22 vending machines, provided that the following
  1 23 conditions are met:  the machines are located in
  1 24 places where the machines are under the supervision of
  1 25 a person of legal age who is responsible for
  1 26 prevention of purchase by minors from the machines;
  1 27 the machines are equipped with a lock-out device under
  1 28 the control of a person of legal age who shall
  1 29 directly regulate the sale of items through the
  1 30 machines, and which shall include a mechanism to
  1 31 prevent the machines from functioning if the power
  1 32 source for the lock-out device fails or if the lock-
  1 33 out device is disabled, and a mechanism to ensure that
  1 34 only one pack of cigarettes or one tobacco product is
  1 35 dispensed at a time; and the location where the
  1 36 machines are placed is covered by a local retail
  1 37 permit.  However, a lock-out device is not required
  1 38 for machines operated in the following locations, if
  1 39 the machines are not to be placed in a doorway or
  1 40 other area readily accessible to minors:  a commercial
  1 41 establishment holding a class "C" liquor license or a
  1 42 class "B" beer permit under chapter 123, if the
  1 43 establishment is not also licensed as a food service
  1 44 establishment under chapter 137B; a private facility
  1 45 not open to the public; or a workplace not open to the
  1 46 public.  However, cigarettes or tobacco products shall
  1 47 not be sold through a vending machine unless the
  1 48 vending machine is located in a place where the
  1 49 retailer ensures that no person younger than eighteen
  1 50 years of age is present or permitted to enter at any
  2  1 time.  This section does not require a retail licensee
  2  2 to buy a cigarette vendor's permit if the retail
  2  3 licensee is in fact the owner of the cigarette vending
  2  4 machines and the machines are operated in the location
  2  5 described in the retail permit."
  2  6    #2.  Page 3, by inserting after line 12 the
  2  7 following:
  2  8    "Sec.    .  Section 101, amending section 453A.36,
  2  9 subsection 6, takes effect August 28, 1997."
  2 10    #3.  Title page, line 4, by inserting after the
  2 11 word "penalties" the following:  "and an effective
  2 12 date".  
  2 13 
  2 14 
  2 15                               
  2 16 DODERER of Johnson 
  2 17 SF 499.703 77
  2 18 pf/sc/28
     

Text: H01704                            Text: H01706
Text: H01700 - H01799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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