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Text: HF00365                           Text: HF00367
Text: HF00300 - HF00399                 Text: HF Index
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House File 366

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 453A.36, subsection 6, Code 1997, 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 14 provided that the following conditions are met:  the machines
  1 15 are located in places where the machines are under the
  1 16 supervision of a person of legal age who is responsible for
  1 17 prevention of purchase by minors from the machines; the
  1 18 machines are equipped with a lock-out device under the control
  1 19 of a person of legal age who shall directly regulate the sale
  1 20 of items through the machines, and which shall include a
  1 21 mechanism to prevent the machines from functioning if the
  1 22 power source for the lock-out device fails or if the lock-out
  1 23 device is disabled, and a mechanism to ensure that only one
  1 24 pack of cigarettes or one tobacco product is dispensed at a
  1 25 time; and the location where the machines are placed is
  1 26 covered by a local retail permit.  However, a lock-out device
  1 27 is not required for machines operated in the following
  1 28 locations, if the machines are not to be placed in a doorway
  1 29 or other area readily accessible to minors:  a commercial
  1 30 establishment holding a class "C" liquor license or a class
  1 31 "B" beer permit under chapter 123, if the establishment is not
  1 32 also licensed as a food service establishment under chapter
  1 33 137B; a private facility not open to the public; or a
  1 34 workplace not open to the public.  However, cigarettes or
  1 35 tobacco products shall not be sold through a vending machine
  2  1 unless the vending machine is located in a place where the
  2  2 retailer ensures that no person younger than eighteen years of
  2  3 age is present or permitted to enter at any time.  This
  2  4 section does not require a retail licensee to buy a cigarette
  2  5 vendor's permit if the retail licensee is in fact the owner of
  2  6 the cigarette vending machines and the machines are operated
  2  7 in the location described in the retail permit.
  2  8    Sec. 2.  NEW SECTION.  453A.36A  CIGARETTES AND OTHER
  2  9 TOBACCO PRODUCTS – ADVERTISING, PROMOTIONAL LIMITATIONS.
  2 10    1.  It is unlawful for any person to advertise on any
  2 11 advertising device cigarettes or other tobacco products within
  2 12 one thousand feet of any playground, school, high school, or
  2 13 other facility when such facility is being used primarily by
  2 14 persons under age eighteen for recreational, educational, or
  2 15 other purposes.
  2 16    2.  Any advertising of cigarettes or tobacco products on
  2 17 advertising devices in this state, no matter where located,
  2 18 including but not limited to advertising devices located on
  2 19 public transportation or at the point-of-sale, shall be in
  2 20 black and white text only.
  2 21    3.  Use of the brand name or logo of a cigarette or tobacco
  2 22 product shall not be used in the promotion of any sport or
  2 23 entertainment event held in this state.  However, the
  2 24 corporate name of a manufacturer, distributor, wholesaler,
  2 25 retailer, or distributing agent may be used in the promotion
  2 26 of such an event.
  2 27    4.  A person who violates this section is guilty of a
  2 28 serious misdemeanor.  
  2 29                           EXPLANATION
  2 30    The bill prohibits the sale of cigarette or tobacco
  2 31 products through vending machines unless the vending machine
  2 32 is located in a place where the retailer ensures that a person
  2 33 younger than 18 years of age is not present or permitted to
  2 34 enter at any time.
  2 35    The bill also prohibits outdoor advertising of cigarettes
  3  1 and tobacco products within 1,000 feet of a playground,
  3  2 school, high school, or other facility if the facility is
  3  3 being used primarily by persons under the age of 18 for
  3  4 recreational, educational, or other purposes and allows other
  3  5 advertising only if the text of the advertisement is black and
  3  6 white only.  The bill also prohibits the use of brand names in
  3  7 the sponsorship of sporting or entertainment events within the
  3  8 state, but allows the use of the corporate name for this
  3  9 purpose.
  3 10    The bill establishes a penalty of a serious misdemeanor for
  3 11 any violation of the new provisions relating to advertising of
  3 12 cigarettes or other tobacco products.  
  3 13 LSB 2364HH 77
  3 14 pf/jw/5
     
Text: HF00365                           Text: HF00367
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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