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House File 2325 - IntroducedA Bill ForAn Act 1relating to inspections for violations relating
2to retailers of cigarettes, tobacco, tobacco products,
3alternative nicotine products, and vapor products that
4provide for use or consumption of regulated products on the
5retailer’s premises.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 453A.13A Inspections of violations
2of retailers — use or consumption of products on premises.
3As a condition for issuance of a permit to, and the continued
4holding of a valid permit by, a retailer, as defined in
5sections 453A.1 and 453A.42, of products regulated under this
6chapter that are used or consumed on the retailer’s premises,
7the permit applicant or holder must give consent to health
8departments and official county health officers, police, the
9county sheriff or deputy sheriff, members of the department
10of public safety, and certified peace officers to enter upon
11areas of the premises where such products are stored, sold,
12used, or consumed without a warrant during business hours
13of the retailer to inspect for violations of this chapter
14or ordinances and regulations that cities and boards of
15supervisors may adopt. However, a warrant is required for
16inspection of private records, a private business office,
17or attached living quarters. Persons who are not certified
18peace officers shall limit the scope of their inspections of
19permitted premises to the regulatory authority under which
20the inspection is conducted. All persons who enter upon a
21permitted premises to conduct an inspection shall present
22appropriate identification to the retailer or an employee of
23the retailer who appears to be in charge of the premises prior
24to commencing an inspection; however, this provision does not
25apply to undercover criminal investigations conducted by peace
26officers.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill provides for the inspection of the premises of
31a retailer of products regulated under Code chapter 453A
32(cigarette and tobacco taxes and regulation of alternative
33nicotine products and vapor products), if the regulated
34products are used or consumed on the premises.
35As a condition for issuance of a permit to, and the continued
-1-1holding of a valid permit by, a retailer of the regulated
2products that are used or consumed on the retailer’s premises,
3the permit applicant or holder must give consent to health
4departments and official county health officers, police, the
5county sheriff or deputy sheriff, members of the department of
6public safety, and certified peace officers to enter upon areas
7of the premises where such products are stored, sold, used, or
8consumed without a warrant during business hours to inspect for
9violations of the Code chapter or ordinances and regulations
10that cities and boards of supervisors may adopt. However,
11a warrant is required for inspection of private records, a
12private business office, or attached living quarters; persons
13who are not certified peace officers must limit the scope of
14their inspections to the regulatory authority under which the
15inspection is conducted; and those conducting an inspection
16must present appropriate identification prior to commencing
17an inspection unless the inspection is an undercover criminal
18investigation conducted by peace officers.
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2to retailers of cigarettes, tobacco, tobacco products,
3alternative nicotine products, and vapor products that
4provide for use or consumption of regulated products on the
5retailer’s premises.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 453A.13A Inspections of violations
2of retailers — use or consumption of products on premises.
3As a condition for issuance of a permit to, and the continued
4holding of a valid permit by, a retailer, as defined in
5sections 453A.1 and 453A.42, of products regulated under this
6chapter that are used or consumed on the retailer’s premises,
7the permit applicant or holder must give consent to health
8departments and official county health officers, police, the
9county sheriff or deputy sheriff, members of the department
10of public safety, and certified peace officers to enter upon
11areas of the premises where such products are stored, sold,
12used, or consumed without a warrant during business hours
13of the retailer to inspect for violations of this chapter
14or ordinances and regulations that cities and boards of
15supervisors may adopt. However, a warrant is required for
16inspection of private records, a private business office,
17or attached living quarters. Persons who are not certified
18peace officers shall limit the scope of their inspections of
19permitted premises to the regulatory authority under which
20the inspection is conducted. All persons who enter upon a
21permitted premises to conduct an inspection shall present
22appropriate identification to the retailer or an employee of
23the retailer who appears to be in charge of the premises prior
24to commencing an inspection; however, this provision does not
25apply to undercover criminal investigations conducted by peace
26officers.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill provides for the inspection of the premises of
31a retailer of products regulated under Code chapter 453A
32(cigarette and tobacco taxes and regulation of alternative
33nicotine products and vapor products), if the regulated
34products are used or consumed on the premises.
35As a condition for issuance of a permit to, and the continued
-1-1holding of a valid permit by, a retailer of the regulated
2products that are used or consumed on the retailer’s premises,
3the permit applicant or holder must give consent to health
4departments and official county health officers, police, the
5county sheriff or deputy sheriff, members of the department of
6public safety, and certified peace officers to enter upon areas
7of the premises where such products are stored, sold, used, or
8consumed without a warrant during business hours to inspect for
9violations of the Code chapter or ordinances and regulations
10that cities and boards of supervisors may adopt. However,
11a warrant is required for inspection of private records, a
12private business office, or attached living quarters; persons
13who are not certified peace officers must limit the scope of
14their inspections to the regulatory authority under which the
15inspection is conducted; and those conducting an inspection
16must present appropriate identification prior to commencing
17an inspection unless the inspection is an undercover criminal
18investigation conducted by peace officers.
-2-pf/jh