Text: S03256                            Text: S03258
Text: S03200 - S03299                   Text: S Index
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Senate Amendment 3257

Amendment Text

PAG LIN
  1  1    Amend Senate File 503 as follows:
  1  2    #1.  Page 1, by inserting after line 19 the
  1  3 following:
  1  4    Sec.    .  Section 453A.36, subsection 6, Code
  1  5 1997, is amended to read as follows:
  1  6    6.  Unless otherwise provided in this subsection,
  1  7 any sales of cigarettes or tobacco products shall be
  1  8 made in a direct, face-to-face exchange.  Any sales of
  1  9 cigarettes or tobacco products made through a
  1 10 cigarette vending machine or through a self-service
  1 11 display are subject to rules and penalties relative to
  1 12 retail sales of cigarettes and tobacco products
  1 13 provided for in this chapter.  No cigarettes shall be
  1 14 sold through any cigarette vending machine or through
  1 15 a self-service display unless the cigarettes have been
  1 16 properly stamped or metered as provided by this
  1 17 division, and in case of violation of this provision,
  1 18 the permit of the dealer authorizing retail sales of
  1 19 cigarettes shall be canceled.  Payment of the license
  1 20 fee as provided in section 453A.13 authorizes a
  1 21 cigarette vendor to sell cigarettes or tobacco
  1 22 products through vending machines, provided that the
  1 23 following conditions are met:  the machines are
  1 24 located in places where the machines are under the
  1 25 supervision of a person of legal age who is
  1 26 responsible for prevention of purchase by minors from
  1 27 the machines; the machines are equipped with a lock-
  1 28 out device under the control of a person of legal age
  1 29 who shall directly regulate the sale of items through
  1 30 the 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 or self-service displays.  However, a lock-out
  1 38 device is not required for machines operated in the
  1 39 following locations, if the machines are not to be
  1 40 placed in a doorway or other area readily accessible
  1 41 to minors:  a commercial establishment holding a class
  1 42 "C" liquor license or a class "B" beer permit under
  1 43 chapter 123, if the establishment is not also licensed
  1 44 as a food service establishment under chapter 137B; a
  1 45 private facility not open to the public; or a
  1 46 workplace not open to the public.  However, cigarettes
  1 47 or tobacco products shall not be sold through a
  1 48 vending machine or through a self-service display
  1 49 unless the vending machine or self-service display is
  1 50 located in a place where the retailer ensures that no
  2  1 person younger than eighteen years of age is present
  2  2 or permitted to enter at any time.  This section does
  2  3 not require a retail licensee to buy a cigarette
  2  4 vendor's permit if the retail licensee is in fact the
  2  5 owner of the cigarette vending machines and the
  2  6 machines are operated in the location described in the
  2  7 retail permit.  A city or county may directly enforce
  2  8 this subsection.  Notwithstanding chapter 602, any
  2  9 fines collected as a result of enforcement of this
  2 10 subsection by a city or county shall be retained by
  2 11 the city or county."
  2 12    #2.  Title page, line 3, by inserting after the
  2 13 word "minors," the following:  "providing for
  2 14 restrictions on the sale of cigarettes and tobacco
  2 15 products through vending machines and to minors,".  
  2 16 
  2 17 
  2 18                               
  2 19 JOHNIE HAMMOND
  2 20 
  2 21 
  2 22                               
  2 23 ROBERT DVORSKY
  2 24 SF 503.508 77
  2 25 pf/jw/28
     

Text: S03256                            Text: S03258
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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