Text: HF02561 Text: HF02563 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2562 1 2 1 3 AN ACT 1 4 RELATING TO ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES THAT 1 5 ARE REQUIRED TO BE REGISTERED WITH THE DEPARTMENT OF INSPEC- 1 6 TIONS AND APPEALS, ESTABLISHING FEES, MAKING AN APPROPRIATION, 1 7 MAKING PENALTIES APPLICABLE, AND INCLUDING AN EFFECTIVE AND 1 8 RETROACTIVE APPLICABILITY PROVISION. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 99B.1, Code Supplement 2003, is amended 1 13 by adding the following new subsections: 1 14 NEW SUBSECTION. 11A. "Distributor" means, for the 1 15 purposes of sections 99B.10, 99B.10A, and 99B.10B, any person 1 16 that owns electrical and mechanical amusement devices 1 17 registered as provided in section 99B.10, subsection 4, that 1 18 are offered for use at more than a single location or 1 19 premises. 1 20 NEW SUBSECTION. 16A. "Manufacturer" means, for the 1 21 purposes of sections 99B.10, 99B.10A, and 99B.10B, any person 1 22 engaged in business in this state who originally produces an 1 23 electrical and mechanical amusement device required to be 1 24 registered under section 99B.10, subsection 4, or individual 1 25 components for use in such a device. 1 26 NEW SUBSECTION. 16B. "Manufacturer's representative" 1 27 means, for the purposes of sections 99B.10, 99B.10A, and 1 28 99B.10B, any person engaged in business in this state who 1 29 promotes or sells electrical and mechanical amusement devices 1 30 required to be registered under section 99B.10, subsection 4, 1 31 or individual components for use in such devices on behalf of 1 32 a manufacturer of such devices or components. 1 33 NEW SUBSECTION. 19A. "Owner" means, for the purposes of 1 34 sections 99B.10A and 99B.10B, any person who owns an operable 1 35 electrical and mechanical amusement device required to be 2 1 registered under section 99B.10, subsection 4. 2 2 Sec. 2. Section 99B.10, subsection 4, Code Supplement 2 3 2003, is amended to read as follows: 2 4 4. Each electrical and mechanical amusement device in 2 5 operation or distributed in this state that awards a prize, as 2 6 provided in this section, where the outcome is not primarily 2 7 determined by the skill or knowledge of the operator, is 2 8 registered by the department as provided by this subsection 2 9 and is only located on premises for which a class "A", class 2 10 "B", class "C", or class "D" liquor control license or class 2 11 "B" or class "C" beer permit has been issued pursuant to 2 12 chapter 123. For an organization that meets the requirements 2 13 of section 99B.7, subsection 1, paragraph "m", no more than 2 14 four, and for all other persons, no more than two electrical 2 15 and mechanical amusement devices registered as provided by 2 16 this subsection shall be permitted or offered for use in any 2 17 single location or premises for which a class "A", class "B", 2 18 class "C", or class "D" liquor control license or class "B" or 2 19 class "C" beer permit has been issued pursuant to chapter 123. 2 20 Each person owning an electrical and mechanical amusement 2 21 device in this state shall obtain a registration tag for each 2 22 electrical and mechanical amusement device owned that is 2 23 required to be registered as provided in this subsection. 2 24 Upon receipt of an application and a fee of twenty-five 2 25 dollars for each device required to be registered, the 2 26 department shall issue an annual registration tag which tag 2 27 shall be displayed as required by rules adopted by the 2 28 department. The application shall be submitted on forms 2 29 designated by the department and contain the information 2 30 required by rule of the department. A registration may be 2 31 renewed annually upon submission of a registration application 2 32 and payment of the annual registration fee and compliance with 2 33 this chapter and the rules adopted pursuant to this chapter. 2 34 However, the number of electrical and mechanical amusement 2 35 devices registered by the department under this subsection 3 1 shall not exceed the total number of devices registered by the 3 2 department as of the effective date of this Act. In addition, 3 3 the department shall not initially register an electrical and 3 4 mechanical amusement device that is required to be registered 3 5 as provided in this subsection to an owner for a location for 3 6 which only a class "B" or class "C" beer permit has been 3 7 issued pursuant to chapter 123 on or after the effective date 3 8 of this Act. A person owning or leasing an electrical and 3 9 mechanical amusement device required to be registered under 3 10 this subsection shall only own or lease an electrical and 3 11 mechanical amusement device that is required to be registered 3 12 that has been purchased from a manufacturer, manufacturer's 3 13 representative, or distributor registered with the department 3 14 under section 99B.10A and shall not advertise or promote the 3 15 availability of the device to the public as anything other 3 16 than an electrical and mechanical amusement device pursuant to 3 17 rules adopted by the department. In addition, an owner at a 3 18 location for which only a class "B" or class "C" beer permit 3 19 has been issued pursuant to chapter 123 shall not relocate an 3 20 amusement device registered as provided in this subsection to 3 21 a location other than the location of the device on the 3 22 effective date of this Act, and shall not transfer, assign, 3 23 sell, or lease an amusement device registered as provided in 3 24 this subsection to another person for which only a class "B" 3 25 or class "C" beer permit has been issued pursuant to chapter 3 26 123 after the effective date of this Act. 3 27 Sec. 3. Section 99B.10, Code Supplement 2003, is amended 3 28 by adding the following new subsections: 3 29 NEW SUBSECTION. 5A. Each electrical or mechanical 3 30 amusement device required to be registered as provided by this 3 31 section shall, by January 1, 2006, include on the device a 3 32 counting mechanism which establishes the volume of business of 3 33 the device. The department and the department of public 3 34 safety shall have access to the information provided by the 3 35 counting mechanism. 4 1 NEW SUBSECTION. 5B. Each electrical or mechanical 4 2 amusement device required to be registered as provided by this 4 3 section at a location for which only a class "B" or class "C" 4 4 beer permit has been issued pursuant to chapter 123 shall 4 5 include on the device a security mechanism which prevents the 4 6 device from being operated by a person until action is taken 4 7 by the owner or owner's designee to allow the person to 4 8 operate the device. 4 9 Sec. 4. Section 99B.10A, Code Supplement 2003, is amended 4 10 to read as follows: 4 11 99B.10A MANUFACTURERS AND DISTRIBUTORS OF ELECTRICAL AND 4 12 MECHANICAL AMUSEMENT DEVICES – REGISTRATION. 4 13 1. A person engaged in business in this state as a 4 14 manufacturer, manufacturer's representative,ordistributor, 4 15 or for-profit owner of electrical and mechanical amusement 4 16 devices required to be registered as provided in section 4 17 99B.10, subsection 4, shall register with the department. 4 18 Each person who registers with the department under this 4 19 section shall pay an annual registration feeof two thousand4 20five hundred dollarsin an amount as provided in subsection 2. 4 21 Registration shall be submitted on forms designated by the 4 22 department that shall contain the information required by the 4 23 department by rule. The department shall adopt rules 4 24 providing for the submission of information to the department 4 25 by a person registered pursuant to this section if information 4 26 in the initial registration is changed, including 4 27 discontinuing the business in this state. 4 28 2. For purposes of this section, the annual registration 4 29 fee shall be as follows: 4 30 a. For a manufacturer or manufacturer's representative, 4 31 two thousand five hundred dollars. 4 32 b. For a distributor, five thousand dollars. 4 33 c. For an owner of no more than two electrical and 4 34 mechanical amusement devices registered as provided in section 4 35 99B.10, subsection 4, at a single location or premises that is 5 1 not an organization that meets the requirements of section 5 2 99B.7, subsection 1, paragraph "m", two thousand five hundred 5 3 dollars. 5 4 Sec. 5. Section 99B.10B, Code Supplement 2003, is amended 5 5 to read as follows: 5 6 99B.10B REVOCATION OF REGISTRATION – ELECTRICAL AND 5 7 MECHANICAL AMUSEMENT DEVICES. 5 8 1. The department may revoke a registration issued 5 9 pursuant to section 99B.10 or 99B.10A, for a period not to 5 10 exceed two years, for cause, following at least ten days' 5 11 written notice and opportunity for an evidentiary hearing, 5 12 pursuant to rules adopted by the department. The rules shall 5 13 provide that a registration may be revoked if the registrant 5 14 or agent of the registrant violates, or permits a violation, 5 15 of section 99B.10 or 99B.10A, violates any rule adopted by the 5 16 department under this chapter that the department determines 5 17 should warrant revocation of the registration, or engages in 5 18 any act or omission that would have permitted the department 5 19 to refuse to issue a registration under section 99B.10 or 5 20 99B.10A. 5 21 2. The department shall revoke a registration issued 5 22 pursuant to section 99B.10 or 99B.10A, for a period of ten 5 23 years following at least ten days' written notice and 5 24 opportunity for an evidentiary hearing, if a person awards a 5 25 cash prize in violation of section 99B.10, subsection 1, 5 26 pursuant to rules adopted by the department. A person whose 5 27 registration is revoked under this subsection who is a person 5 28 for which a class "A", class "B", class "C", or class "D" 5 29 liquor control license has been issued pursuant to chapter 123 5 30 shall have the person's liquor control license suspended for a 5 31 period of fourteen days in the same manner as provided in 5 32 section 123.50, subsection 3, paragraph "a". In addition, a 5 33 person whose registration is revoked under this subsection who 5 34 is a person for which only a class "B" or class "C" beer 5 35 permit has been issued pursuant to chapter 123 shall have the 6 1 person's class "B" or class "C" beer permit suspended and that 6 2 person's sales tax permit suspended for a period of fourteen 6 3 days in the same manner as provided in section 123.50, 6 4 subsection 3, paragraph "a". 6 5 Sec. 6. NEW SECTION. 99B.10C ELECTRICAL AND MECHANICAL 6 6 AMUSEMENT DEVICES – PERSONS UNDER TWENTY-ONE – PENALTIES. 6 7 1. A person under the age of twenty-one years shall not 6 8 participate in the operation of an electrical and mechanical 6 9 amusement device. A person who violates this subsection 6 10 commits a scheduled violation under section 805.8C, subsection 6 11 4. 6 12 2. A person owning or leasing an electrical and mechanical 6 13 amusement device who knowingly allows a person under the age 6 14 of twenty-one years to participate in the operation of an 6 15 electrical and mechanical amusement device, or a person who 6 16 knowingly participates in the operation of an electrical and 6 17 mechanical amusement device, with a person under the age of 6 18 twenty-one years is guilty of a simple misdemeanor. 6 19 3. For purposes of this section, an electrical and 6 20 mechanical amusement device means an electrical and mechanical 6 21 amusement device required to be registered as provided in 6 22 section 99B.10, subsection 4. 6 23 Sec. 7. Section 805.8C, Code 2003, is amended by adding 6 24 the following new subsection: 6 25 NEW SUBSECTION. 4. ELECTRICAL AND MECHANICAL AMUSEMENT 6 26 DEVICE VIOLATIONS. For violations of legal age for operating 6 27 an electrical and mechanical amusement device required to be 6 28 registered as provided in section 99B.10, subsection 4, 6 29 pursuant to section 99B.10C, subsection 1, the scheduled fine 6 30 is two hundred fifty dollars. Failure to pay the fine by a 6 31 person under the age of eighteen shall not result in the 6 32 person being detained in a secure facility. 6 33 Sec. 8. 2003 Iowa Acts, chapter 147, section 5, is amended 6 34 to read as follows: 6 35 SEC. 5. ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES – 7 1 SPECIAL FUND. Fees collected by the department of inspections 7 2 and appeals pursuant tosectionsections 99B.10 and 99B.10A 7 3 for the fiscal years beginning July 1, 2003, and July 1, 2004, 7 4 shall be deposited in a special fund created in the state 7 5 treasury. Moneys in the fund are appropriated to the 7 6 department of inspections and appeals and the department of 7 7 public safety for administration and enforcement of sections 7 8 99B.10 and 99B.10A, including employment of necessary 7 9 personnel. The distribution of moneys in the fund to the 7 10 department of inspections and appeals and the department of 7 11 public safety shall be pursuant to a written policy agreed 7 12 upon by the departments. Notwithstanding section 12C.7, 7 13 subsection 2, interest or earnings on moneys deposited in the 7 14 fund shall be credited to the fund. 7 15 Sec. 9. 2003 Iowa Acts, chapter 147, section 6, is amended 7 16 to read as follows: 7 17 SEC. 6. DEPARTMENTAL REPORT. The department of 7 18 inspections and appeals, in consultation with the department 7 19 of public safety, shall submitaan interim written report to 7 20 the general assembly by December 31, 2004, and a final written 7 21 report to the general assembly by September 1, 2005, with 7 22 copies to the committees on government oversight and state 7 23 government of the senate and house of representatives, that 7 24 provides details on the implementation of this Act, including 7 25 fees collected annually, and expenses by all state government 7 26 agencies for administration, registration issuance, 7 27 inspection, and other costs related to this Act. The 7 28 department shall also include information in thereport7 29 reports as to its projections as to whether the fees collected 7 30 under this Act are properly set to cover future expenses of 7 31 applicable state agencies under this Act. 7 32 Sec. 10. ELECTRICAL AND MECHANICAL AMUSEMENT DEVICES – 7 33 NONLIQUOR CONTROL LICENSEES – SPECIAL PROVISIONS. 7 34 1. Notwithstanding any provision of section 99B.10, 7 35 subsection 4, as amended by this Act, to the contrary, an 8 1 owner of an electrical and mechanical amusement device that 8 2 has been registered pursuant to section 99B.10, subsection 4, 8 3 prior to the effective date of this Act that is offered for 8 4 use by the public at a location for which a class "A", class 8 5 "B", class "C", or class "D" liquor control license or class 8 6 "B" or class "C" beer permit has not been issued pursuant to 8 7 chapter 123 shall be allowed to offer the device for use by 8 8 the public until July 1, 2005. 8 9 2. On and after July 1, 2005, an owner of an electrical 8 10 and mechanical amusement device as described in subsection 1 8 11 shall not offer the device for use by the public. However, 8 12 the owner of a device shall be permitted to sell the device to 8 13 a distributor, as defined in section 99B.1, as amended by this 8 14 Act, or to a person authorized to offer the device to the 8 15 public pursuant to section 99B.10, subsection 4, as amended by 8 16 this Act for which a class "A", class "B", class "C", or class 8 17 "D" liquor control license or class "B" or class "C" beer 8 18 permit has been issued pursuant to chapter 123. 8 19 Sec. 11. EFFECTIVE DATE – RETROACTIVE APPLICABILITY. 8 20 1. This Act, being deemed of immediate importance, takes 8 21 effect upon enactment. 8 22 2. The section of this Act amending 2003 Iowa Acts, 8 23 chapter 147, section 5, is retroactively applicable to July 1, 8 24 2003, and is applicable on and after that date. 8 25 8 26 8 27 8 28 CHRISTOPHER C. RANTS 8 29 Speaker of the House 8 30 8 31 8 32 8 33 JEFFREY M. LAMBERTI 8 34 President of the Senate 8 35 9 1 I hereby certify that this bill originated in the House and 9 2 is known as House File 2562, Eightieth General Assembly. 9 3 9 4 9 5 9 6 MARGARET THOMSON 9 7 Chief Clerk of the House 9 8 Approved , 2004 9 9 9 10 9 11 9 12 THOMAS J. VILSACK 9 13 Governor
Text: HF02561 Text: HF02563 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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