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Senate File 163

Partial Bill History

Bill Text

PAG LIN
  1  1                                          SENATE FILE 163
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE SALE OF CIGARETTES AND TOBACCO PRODUCTS
  1  5    THROUGH VENDING MACHINES.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 453A.36, subsection 6, Code 1997, is
  1 10 amended to read as follows:
  1 11    6.  Any sales of cigarettes or tobacco products made
  1 12 through a cigarette vending machine are subject to rules and
  1 13 penalties relative to retail sales of cigarettes and tobacco
  1 14 products provided for in this chapter.  No cigarettes shall be
  1 15 sold through any cigarette vending machine unless the
  1 16 cigarettes have been properly stamped or metered as provided
  1 17 by this 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 fee as
  1 20 provided in section 453A.13 authorizes a cigarette vendor to
  1 21 sell cigarettes or tobacco products through vending machines,
  1 22 provided that the following conditions are met:  the machines
  1 23 are located in places where the machines are under the
  1 24 supervision of a person of legal age who is responsible for
  1 25 prevention of purchase by minors from the machines; the
  1 26 machines are equipped with a lock-out device under the control
  1 27 of a person of legal age who shall directly regulate the sale
  1 28 of items through the machines, and which shall include a
  1 29 mechanism to prevent the machines from functioning if the
  1 30 power source for the lock-out device fails or if the lock-out
  1 31 device is disabled, and a mechanism to ensure that only one
  1 32 pack of cigarettes or one tobacco product is dispensed at a
  1 33 time; and the location where the machines are placed is
  1 34 covered by a local retail permit.  However, a lock-out device
  1 35 is not required for machines operated in the following
  2  1 locations, if the machines are not to be placed in a doorway
  2  2 or other area readily accessible to minors:  a commercial
  2  3 establishment holding a class "C" liquor license or a class
  2  4 "B" beer permit under chapter 123, if the establishment is not
  2  5 also licensed as a food service establishment under chapter
  2  6 137B; a private facility not open to the public; or a
  2  7 workplace not open to the public.  However, cigarettes or
  2  8 tobacco products shall not be sold through a vending machine
  2  9 unless the vending machine is located in a place where the
  2 10 retailer ensures that no person younger than eighteen years of
  2 11 age is present or permitted to enter at any time.  This
  2 12 section does not require a retail licensee to buy a cigarette
  2 13 vendor's permit if the retail licensee is in fact the owner of
  2 14 the cigarette vending machines and the machines are operated
  2 15 in the location described in the retail permit.  
  2 16 
  2 17 
  2 18                                                             
  2 19                               MARY E. KRAMER
  2 20                               President of the Senate
  2 21 
  2 22 
  2 23                                                             
  2 24                               RON J. CORBETT
  2 25                               Speaker of the House
  2 26 
  2 27    I hereby certify that this bill originated in the Senate and
  2 28 is known as Senate File 163, Seventy-seventh General Assembly.
  2 29 
  2 30 
  2 31                                                             
  2 32                               MARY PAT GUNDERSON
  2 33                               Secretary of the Senate
  2 34 Approved                , 1997
  2 35 
  3  1 
  3  2                         
  3  3 TERRY E. BRANSTAD
  3  4 Governor
     
Text: SF00162                           Text: SF00164
Text: SF00100 - SF00199                 Text: SF Index
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