Senate
File
2023
-
Introduced
SENATE
FILE
2023
BY
DAWSON
(COMPANION
TO
HF
496
BY
COMMITTEE
ON
STATE
GOVERNMENT)
A
BILL
FOR
An
Act
relating
to
inspections
for
violations
relating
1
to
retailers
of
cigarettes,
tobacco,
tobacco
products,
2
alternative
nicotine
products,
and
vapor
products
that
3
provide
for
use
or
consumption
of
regulated
products
on
the
4
retailer’s
premises.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5543XS
(2)
90
pf/jh
S.F.
2023
Section
1.
NEW
SECTION
.
453A.13A
Inspections
of
violations
1
of
retailers
——
use
or
consumption
of
products
on
premises.
2
As
a
condition
for
issuance
of
a
permit
to,
and
the
continued
3
holding
of
a
valid
permit
by,
a
retailer,
as
defined
in
4
sections
453A.1
and
453A.42,
of
products
regulated
under
this
5
chapter
that
are
used
or
consumed
on
the
retailer’s
premises,
6
the
applicant
or
holder
must
give
consent
to
police,
the
7
county
sheriff
or
deputy
sheriff,
members
of
the
department
8
of
public
safety,
and
certified
peace
officers
to
enter
upon
9
areas
of
the
premises
where
such
products
are
stored,
sold,
10
used,
or
consumed
without
a
warrant
during
business
hours
11
of
the
retailer
to
inspect
for
violations
of
this
chapter
12
or
ordinances
and
regulations
that
cities
and
boards
of
13
supervisors
may
adopt.
However,
a
warrant
is
required
for
14
inspection
of
private
records,
a
private
business
office,
or
15
attached
living
quarters.
Persons
who
are
not
certified
peace
16
officers
shall
limit
the
scope
of
their
inspections
of
licensed
17
premises
to
the
regulatory
authority
under
which
the
inspection
18
is
conducted.
All
persons
who
enter
upon
a
permitted
19
premises
to
conduct
an
inspection
shall
present
appropriate
20
identification
to
the
retailer
or
an
employee
of
the
retailer
21
who
appears
to
be
in
charge
of
the
premises
prior
to
commencing
22
an
inspection;
however,
this
provision
does
not
apply
to
23
undercover
criminal
investigations
conducted
by
peace
officers.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
provides
for
the
inspection
of
the
premises
of
28
a
retailer
of
products
regulated
under
Code
chapter
453A
29
(cigarette
and
tobacco
taxes
and
regulation
of
alternative
30
nicotine
products
and
vapor
products),
if
the
regulated
31
products
are
used
or
consumed
on
the
premises.
32
As
a
condition
for
issuance
of
a
permit
to,
and
the
continued
33
holding
of
a
valid
permit
by,
a
retailer
of
the
regulated
34
products
that
are
used
or
consumed
on
the
retailer’s
premises,
35
-1-
LSB
5543XS
(2)
90
pf/jh
1/
2
S.F.
2023
the
permit
applicant
or
holder
must
give
consent
to
police,
the
1
county
sheriff
or
deputy
sheriff,
members
of
the
department
of
2
public
safety,
and
certified
peace
officers
to
enter
upon
areas
3
of
the
premises
where
such
products
are
stored,
sold,
used,
or
4
consumed
without
a
warrant
during
business
hours
to
inspect
for
5
violations
of
the
Code
chapter
or
ordinances
and
regulations
6
that
cities
and
boards
of
supervisors
may
adopt.
However,
7
a
warrant
is
required
for
inspection
of
private
records,
a
8
private
business
office,
or
attached
living
quarters;
persons
9
who
are
not
certified
peace
officers
must
limit
the
scope
of
10
their
inspections
to
the
regulatory
authority
under
which
the
11
inspection
is
conducted;
and
those
conducting
an
inspection
12
must
present
appropriate
identification
prior
to
commencing
13
an
inspection
unless
the
inspection
is
an
undercover
criminal
14
investigation
conducted
by
peace
officers.
15
-2-
LSB
5543XS
(2)
90
pf/jh
2/
2