805.8C  Miscellaneous scheduled violations.

1.  Energy emergency violations.  For violations of an executive order issued by the governor under the provisions of section 473.8, the scheduled fine is fifty dollars.

2.  Alcoholic beverage violations.  For violations of section 123.49, subsection 2, paragraph "h", the scheduled fine for a licensee or permittee is one thousand five hundred dollars, and the scheduled fine for a person who is employed by a licensee or permittee is five hundred dollars.

3.  Smoking violations.

a.  For violations of section 142B.6, the scheduled fine is twenty-five dollars, and is a civil penalty, and the criminal penalty surcharge under section 911.2 shall not be added to the penalty, and the court costs pursuant to section 805.9, subsection 6, shall not be imposed. If the civil penalty assessed for a violation of section 142B.6 is not paid in a timely manner, a citation shall be issued for the violation in the manner provided in section 804.1. However, a person under age eighteen shall not be detained in a secure facility for failure to pay the civil penalty. The complainant shall not be charged a filing fee.

b.  For violations of section 453A.2, subsection 1, by an employee of a retailer, the scheduled fine is as follows:

(1)  If the violation is a first offense, the scheduled fine is one hundred dollars.

(2)  If the violation is a second offense, the scheduled fine is two hundred fifty dollars.

(3)  If the violation is a third or subsequent offense, the scheduled fine is five hundred dollars.

c.  For violations of section 453A.2, subsection 2, the scheduled fine is as follows and is a civil penalty, and the criminal penalty surcharge under section 911.2 shall not be added to the penalty, and the court costs pursuant to section 805.9, subsection 6, shall not be imposed:

(1)  If the violation is a first offense, the scheduled fine is fifty dollars.

(2)  If the violation is a second offense, the scheduled fine is one hundred dollars.

(3)  If the violation is a third or subsequent offense, the scheduled fine is two hundred fifty dollars.

Section History: Recent form

  2001 Acts, ch 137, §4

Internal References

  Referred to in § 123.50, 142B.6, 321.236, 321.486, 453A.3, 473.8, 803.3, 805.1, 805.6, 805.8, 805.8A(12e), 805.11, 805.15


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