Text: HF00384 Text: HF00386 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 142A.2, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 8A. "Minor" means a person under twenty- 1 4 one years of age. 1 5 Sec. 2. Section 321.216C, Code 2001, is amended to read as 1 6 follows: 1 7 321.216C USE OF DRIVER'S LICENSE OR NONOPERATOR'S 1 8 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN CIGARETTES OR 1 9 TOBACCO PRODUCTS. 1 10 A person who is under the age ofeighteentwenty-one, who 1 11 alters or displays or has in the person's possession a 1 12 fictitious or fraudulently altered driver's license or 1 13 nonoperator's identification card and who uses the license or 1 14 card to violate or attempt to violate section 453A.2, 1 15 subsection 2, commits a simple misdemeanor punishable by a 1 16 fine of one hundred dollars. The court shall forward a copy 1 17 of the conviction to the department. 1 18 Sec. 3. Section 453A.2, subsections, 1, 2, and 3, Code 1 19 2001, are amended to read as follows: 1 20 1. A person shall not sell, give, or otherwise supply any 1 21 tobacco, tobacco products, or cigarettes to any person under 1 22eighteentwenty-one years of age. 1 23 2. A person undereighteentwenty-one years of age shall 1 24 not smoke, use, possess, purchase, or attempt to purchase any 1 25 tobacco, tobacco products, or cigarettes. 1 26 3. Possession of cigarettes or tobacco products by an 1 27 individual undereighteentwenty-one years of age does not 1 28 constitute a violation under this section if the individual 1 29 undereighteentwenty-one years of age possesses the 1 30 cigarettes or tobacco products as part of the individual's 1 31 employment and the individual is employed by a person who 1 32 holds a valid permit under this chapter or who lawfully offers 1 33 for sale or sells cigarettes or tobacco products. 1 34 Sec. 4. Section 453A.2, subsection 6, paragraph b, Code 1 35 2001, is amended to read as follows: 2 1 b. The compliance effort is conducted with the advance 2 2 knowledge of law enforcement officers and reasonable measures 2 3 are adopted by those conducting the effort to ensure that use 2 4 of cigarettes or tobacco products by individuals under 2 5eighteentwenty-one years of age does not result from 2 6 participation by any individual undereighteentwenty-one 2 7 years of age in the compliance effort. 2 8 Sec. 5. Section 453A.36, subsection 6, Code 2001, is 2 9 amended to read as follows: 2 10 6. Any sales of cigarettes or tobacco products made 2 11 through a cigarette vending machine are subject to rules and 2 12 penalties relative to retail sales of cigarettes and tobacco 2 13 products provided for in this chapter. No cigarettes shall be 2 14 sold through any cigarette vending machine unless the 2 15 cigarettes have been properly stamped or metered as provided 2 16 by this division, and in case of violation of this provision, 2 17 the permit of the dealer authorizing retail sales of 2 18 cigarettes shall be canceled. Payment of the license fee as 2 19 provided in section 453A.13 authorizes a cigarette vendor to 2 20 sell cigarettes or tobacco products through vending machines. 2 21 However, cigarettes or tobacco products shall not be sold 2 22 through a vending machine unless the vending machine is 2 23 located in a place where the retailer ensures that no person 2 24 younger thaneighteentwenty-one years of age is present or 2 25 permitted to enter at any time. This section does not require 2 26 a retail licensee to buy a cigarette vendor's permit if the 2 27 retail licensee is in fact the owner of the cigarette vending 2 28 machines and the machines are operated in the location 2 29 described in the retail permit. 2 30 EXPLANATION 2 31 This bill provides that, relative to selling, giving away, 2 32 otherwise supplying, smoking, using, possessing, purchasing, 2 33 or attempting to purchase cigarettes and tobacco products, the 2 34 legal age of a person or minor is defined as a person under 21 2 35 years of age. The bill makes conforming changes throughout 3 1 the Code. 3 2 LSB 2515HH 79 3 3 pf/gg/8
Text: HF00384 Text: HF00386 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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