House File 2109 H-8009 Amend House File 2109 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 142A.6, subsection 6, paragraph 3 d, Code 2014, is amended to read as follows: 4 d. For the purpose of this subsection , 5 manufacturer, distributor, wholesaler, retailer, and 6 distributing agent mean as defined in section 453A.1 7 or 453A.42 . 8 Sec. 2. Section 232C.4, subsection 3, Code 2014, is 9 amended to read as follows: 10 3. An emancipated minor shall remain subject 11 to voting restrictions under chapter 48A , gambling 12 restrictions under chapter 99B , 99D , 99F , 99G , or 725 , 13 alcohol restrictions under chapter 123 , compulsory 14 attendance requirements under chapter 299 , and 15 cigarette tobacco , tobacco products, alternative 16 nicotine products, vapor products, and cigarette 17 restrictions under chapter 453A . 18 Sec. 3. Section 321.216C, Code 2014, is amended to 19 read as follows: 20 321.216C Use of driver’s license or nonoperator’s 21 identification card by underage person to obtain 22 cigarettes or tobacco , tobacco products , alternative 23 nicotine products, vapor products, or cigarettes . 24 A person who is under the age of eighteen, who 25 alters or displays or has in the person’s possession 26 a fictitious or fraudulently altered driver’s license 27 or nonoperator’s identification card and who uses 28 the license or card to violate or attempt to violate 29 section 453A.2, subsection 2 , commits a simple 30 misdemeanor punishable as a scheduled violation under 31 section 805.8A, subsection 4 . The court shall forward 32 a copy of the conviction to the department. > 33 2. Page 1, by striking lines 1 and 2 and inserting: 34 < Sec. ___. Section 453A.1, subsections 19 and 21, 35 Code 2014, are amended to read as follows: 36 19. “Place of business” is construed to mean 37 and include any place where cigarettes , alternative 38 nicotine products, or vapor products are sold or where 39 cigarettes , alternative nicotine products, or vapor 40 products are stored within or without the state of 41 Iowa by the holder of an Iowa permit or kept for the 42 purpose of sale or consumption; or if sold from any 43 vehicle or train, the vehicle or train on which or from 44 which such cigarettes , alternative nicotine products, 45 or vapor products are sold shall constitute a place of 46 business. > 47 3. Page 1, line 16, by striking < regulated > and 48 inserting < approved > 49 4. Page 1, line 18, after < Act > by inserting < for 50 -1- HF2109.2579 (5) 85 pf/rj 1/ 7 #1. #2. #3.

sale as a tobacco cessation product that is being 1 marketed and sold solely for the approved purpose > 2 5. Page 1, line 26, by striking < regulated > and 3 inserting < approved > 4 6. Page 1, line 28, after < Act > by inserting < for 5 sale as a tobacco cessation product that is being 6 marketed and sold solely for the approved purpose > 7 7. Page 2, by striking line 13 and inserting 8 < cigarettes or tobacco , tobacco products , alternative 9 nicotine products, vapor products, or cigarettes . > 10 8. Page 4, after line 6 by inserting: 11 < Sec. ___. Section 453A.13, subsection 1, Code 12 2014, is amended to read as follows: 13 1. Permits required. Every distributor, 14 wholesaler, cigarette vendor, and retailer, now engaged 15 or who desires to become engaged in the sale or use of 16 cigarettes, upon which a tax is required to be paid, 17 and every retailer now engaged or who desires to become 18 engaged in selling, offering for sale, or distributing 19 alternative nicotine products or vapor products 20 shall obtain a state or retail cigarette permit as a 21 distributor, wholesaler, cigarette vendor, or retailer, 22 as the case may be. 23 Sec. ___. Section 453A.13, subsection 2, paragraph 24 a, Code 2014, is amended to read as follows: 25 a. The department shall issue state permits to 26 distributors, wholesalers, and cigarette vendors 27 subject to the conditions provided in this division . 28 Cities may issue retail permits to dealers retailers 29 within their respective limits. County boards of 30 supervisors may issue retail permits to dealers 31 retailers in their respective counties, outside of the 32 corporate limits of cities. 33 Sec. ___. Section 453A.13, subsections 6, 9, and 34 10, Code 2014, are amended to read as follows: 35 6. No sales without permit. No A distributor, 36 wholesaler, cigarette vendor, or retailer shall not 37 sell any cigarettes , alternative nicotine products, or 38 vapor products until such application has been filed 39 and the fee prescribed paid for a permit and until 40 such permit is obtained and only while such permit is 41 unrevoked and unexpired. 42 9. Permit —— form and contents. Each permit issued 43 shall describe clearly the place of business for which 44 it is issued, shall be nonassignable, consecutively 45 numbered, designating the kind of permit, and shall 46 authorize the sale of cigarettes , alternative nicotine 47 products, or vapor products in this state subject to 48 the limitations and restrictions herein contained. The 49 retail permits shall be upon forms furnished by the 50 -2- HF2109.2579 (5) 85 pf/rj 2/ 7 #5. #6. #7. #8.

department or on forms made available or approved by 1 the department. 2 10. Permit displayed. The permit shall, at all 3 times, be publicly displayed by the distributor, 4 wholesaler, or retailer at the place of business so 5 as to be easily seen by the public and the persons 6 authorized to inspect the place of business. The 7 proprietor or keeper of any building or place where 8 cigarettes and other , alternative nicotine products, 9 vapor products, or tobacco products are kept for sale, 10 or with intent to sell, shall upon request of any agent 11 of the department or any peace officer exhibit the 12 permit. A refusal or failure to exhibit the permit is 13 prima facie evidence that the cigarettes , alternative 14 nicotine products, vapor products, tobacco, or other 15 tobacco products are kept for sale or with intent to 16 sell in violation of this division . 17 Sec. ___. Section 453A.15, subsection 4, Code 2014, 18 is amended to read as follows: 19 4. Every permit holder or other person shall, when 20 requested by the department, make additional reports as 21 the department deems necessary and proper and shall at 22 the request of the department furnish full and complete 23 information pertaining to any transaction of the permit 24 holder or other person involving the purchase or sale 25 or use of cigarettes , alternative nicotine products, or 26 vapor products, tobacco, or the purchase of cigarette 27 stamps. > 28 9. Page 4, by striking lines 7 and 8 and inserting: 29 < Sec. ___. Section 453A.36, subsections 6, 7, and 30 11, Code 2014, are amended to read as follows: 31 6. Any sales of cigarettes or tobacco , tobacco 32 products , alternative nicotine products, vapor products 33 or cigarettes made through a cigarette vending machine 34 are subject to rules and penalties relative to retail 35 sales of cigarettes and tobacco , tobacco products , 36 alternative nicotine products, vapor products and 37 cigarettes provided for in this chapter . Cigarettes 38 shall not be sold through any cigarette vending machine 39 unless the cigarettes have been properly stamped or 40 metered as provided by this division , and in case 41 of violation of this provision, the permit of the 42 dealer authorizing retail sales of cigarettes shall 43 be revoked. Payment of the permit fee as provided in 44 section 453A.13 authorizes a cigarette vendor to sell 45 cigarettes or tobacco ,tobacco products , alternative 46 nicotine products, vapor products and cigarettes 47 through vending machines. However, cigarettes or 48 tobacco , tobacco products , alternative nicotine 49 products, vapor products and cigarettes shall not 50 -3- HF2109.2579 (5) 85 pf/rj 3/ 7 #9.

be sold through a vending machine unless the vending 1 machine is located in a place where the retailer 2 ensures that no person younger than eighteen years 3 of age is present or permitted to enter at any time. 4 Cigarettes or Tobacco, tobacco products , alternative 5 nicotine products, vapor products and cigarettes shall 6 not be sold through any cigarette vending machine if 7 such products are placed together with any nontobacco 8 product, other than matches, in the cigarette vending 9 machine. This section does not require a retail permit 10 holder to buy a cigarette vendor’s permit if the retail 11 permit holder is in fact the owner of the cigarette 12 vending machines and the machines are operated in the 13 location described in the retail permit. > 14 10. Page 4, line 11, by striking < permit , as 15 applicable, > and inserting < permit > 16 11. Page 4, after line 18 by inserting: 17 < 11. Violation of this section by the holder 18 of a retailer’s, distributor’s, wholesaler’s or 19 manufacturer’s permit shall be grounds for the 20 revocation of such permit. > 21 12. Page 5, by striking lines 29 and 30 and 22 inserting: 23 < Sec. ___. Section 453A.42, subsections 1, 2, 8, 9, 24 10, 11, 13, and 16, Code 2014, are amended to read as 25 follows: 26 1. “Business” means any trade, occupation, 27 activity, or enterprise engaged in for the purpose of 28 selling or distributing tobacco , tobacco products , 29 alternative nicotine products, or vapor products in 30 this state. 31 2. “Consumer” means any person who has title to or 32 possession of tobacco , tobacco products , alternative 33 nicotine products, or vapor products in storage, for 34 use or other consumption in this state. 35 8. “Place of business” means any place where 36 tobacco , tobacco products , alternative nicotine 37 products, or vapor products are sold or where tobacco , 38 tobacco products , alternative nicotine products, or 39 vapor products are manufactured, stored, or kept for 40 the purpose of sale or consumption, including any 41 vessel, vehicle, airplane, train, or vending machine. 42 9. “Retail outlet” means each place of business 43 from which tobacco , tobacco products , alternative 44 nicotine products, or vapor products are sold to 45 consumers. > 46 13. Page 5, after line 33 by inserting: 47 < 11. “Sale” means any transfer, exchange, or 48 barter, in any manner or by any means whatsoever, for a 49 consideration, and includes and means all sales made 50 -4- HF2109.2579 (5) 85 pf/rj 4/ 7 #10. #11. #12. #13.

by any person. It includes a gift by a person engaged 1 in the business of selling tobacco, tobacco products, 2 alternative nicotine products, or vapor products, for 3 advertising, as a means of evading the provisions of 4 this division , or for any other purposes whatsoever. 5 13. “Storage” means any keeping or retention 6 of tobacco , tobacco products , alternative nicotine 7 products, or vapor products for use or consumption in 8 this state. 9 16. “Use” means the exercise of any right or 10 power incidental to the ownership of tobacco , tobacco 11 products , alternative nicotine products, or vapor 12 products . 13 Sec. ___. Section 453A.45, subsection 3, Code 2014, 14 is amended to read as follows: 15 3. Every retailer and subjobber shall procure 16 itemized invoices of all tobacco , tobacco products , 17 alternative nicotine products, and vapor products 18 purchased. The invoices shall show the name and 19 address of the seller and the date of purchase. The 20 retailer and subjobber shall preserve a legible copy 21 of each invoice for three years from the date of 22 purchase. Invoices shall be available for inspection 23 by the director or the director’s authorized agents or 24 employees at the retailer’s or subjobber’s place of 25 business. 26 Sec. ___. Section 453A.47A, subsections 1, 2, 4, 5, 27 and 10, Code 2014, are amended to read as follows: 28 1. Permits required. A person shall not engage 29 in the business of a retailer of tobacco , tobacco 30 products , alternative nicotine products, or vapor 31 products at any place of business without first having 32 received a permit as a tobacco products retailer. 33 2. No sales without permit. A retailer shall 34 not sell any tobacco , tobacco products , alternative 35 nicotine products, or vapor products, until an 36 application has been filed and the fee prescribed paid 37 for a permit and until such permit is obtained and 38 only while such permit is not suspended, unrevoked, or 39 unexpired. 40 4. Retailer —— cigarettes and tobacco , tobacco 41 products , alternative nicotine products, and vapor 42 products . A retailer, as defined in section 453A.1 , 43 who holds a permit under division I of this chapter 44 is not required to also obtain a retail permit under 45 this division . However, if a retailer, as defined in 46 section 453A.1 , only holds a permit under division I 47 of this chapter and that permit is suspended, revoked, 48 or expired, the retailer shall not sell any cigarettes 49 or tobacco , tobacco products , alternative nicotine 50 -5- HF2109.2579 (5) 85 pf/rj 5/ 7

products, or vapor products, during the time which the 1 permit is suspended, revoked, or expired. 2 5. Separate permit. A separate retail permit 3 shall be required of a distributor or subjobber if 4 the distributor or subjobber sells tobacco , tobacco 5 products , alternative nicotine products, or vapor 6 products at retail. 7 10. Records and reports of retailers. 8 a. The director shall prescribe the forms necessary 9 for the efficient administration of this section 10 and may require uniform books and records to be used 11 and kept by each retailer or other person as deemed 12 necessary. 13 b. Every retailer shall, when requested by the 14 department, make additional reports as the department 15 deems necessary and proper and shall at the request of 16 the department furnish full and complete information 17 pertaining to any transaction of the retailer involving 18 the purchase or sale or use of tobacco , tobacco 19 products , alternative nicotine products, or vapor 20 products . > 21 14. By renumbering as necessary. 22 ______________________________ MEYER of Polk ______________________________ T. OLSON of Linn ______________________________ ABDUL-SAMAD of Polk ______________________________ BERRY of Black Hawk ______________________________ GAINES of Polk ______________________________ GASKILL of Wapello ______________________________ HALL of Woodbury -6- HF2109.2579 (5) 85 pf/rj 6/ 7 #14.

______________________________ HANSON of Jefferson ______________________________ HEDDENS of Story ______________________________ JACOBY of Johnson ______________________________ KEARNS of Lee ______________________________ KELLEY of Jasper ______________________________ LENSING of Johnson ______________________________ MASCHER of Johnson ______________________________ H. MILLER of Webster ______________________________ OLDSON of Polk ______________________________ RUFF of Clayton ______________________________ STAED of Linn ______________________________ STECKMAN of Cerro Gordo -7- HF2109.2579 (5) 85 pf/rj 7/ 7