Bill Text: IA HF2427 | 2011-2012 | 84th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to electrical and mechanical amusement devices concerning liability for device distributors and penalties for awarding cash prizes for the use of, or for failing to include a security mechanism on, electrical or mechanical amusement devices. Effective 7-1-12.

Spectrum: Committee Bill

Status: (Passed) 2012-04-12 - Signed by Governor. H.J. 810. [HF2427 Detail]

Download: Iowa-2011-HF2427-Amended.html

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House File 2427 - Reprinted
HOUSE FILE 2427
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 655)
(As Amended and Passed by the House March 7, 2012 )
A BILL FOR
An Act relating to electrical and mechanical amusement devices
concerning liability for device distributors and penalties
for awarding cash prizes for the use of, or for failing to
include a security mechanism on, electrical or mechanical
amusement devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 99B.10, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 5. Notwithstanding any provision of this
section to the contrary, a distributor shall not be liable
for a violation of this section unless the distributor, or an
employee of the distributor, intentionally violates a provision
of this section.
Sec. 2. Section 99B.10B, subsection 1, Code 2011, is amended
to read as follows:
1. a. The department may deny, suspend, or revoke a
registration issued pursuant to section 99B.10 or 99B.10A ,
if the department finds that an applicant, registrant, or
an agent of a registrant violated or permitted a violation
of a provision of section 99B.10 , 99B.10A , or 99B.10C , or a
departmental rule adopted pursuant to chapter 17A , or for
any other cause for which the director of the department
would be or would have been justified in refusing to issue a
registration, or upon the conviction of a person of a violation
of this chapter or a rule adopted under this chapter which
occurred on the premises where the registered amusement device
is or is to be located. However, the denial, suspension, or
revocation of a registration for one amusement device does
not require, but may result in, the denial, suspension, or
revocation of the registration for a different amusement device
held by the same distributor or owner.
b. However, a person who commits an offense of failing to
include a security mechanism on an amusement device as required
pursuant to section 99B.10, subsection 1, paragraph “m” , shall
be issued a warning letter by the department. A person who
commits, within two years, a second offense of failing to
include a security mechanism on an amusement device shall be
subject to the provisions of paragraph “a” .
Sec. 3. Section 99B.10B, subsection 2, Code 2011, is amended
to read as follows:
2. a. The department shall revoke a registration issued
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H.F. 2427
pursuant to section 99B.10 or 99B.10A , for a period of ten
years if a person commits an offense of awarding a cash prize
in violation of section 99B.10, subsection 1 , paragraph “b” ,
pursuant to rules adopted by the department. A person who
commits an offense of awarding a cash prize of twenty-five
dollars or less in violation of section 99B.10, subsection 1,
paragraph “b” , pursuant to rules adopted by the department,
shall be issued a warning letter by the department.
b. A person who commits, within two years, a second offense
of awarding a cash prize of twenty-five dollars or less in
violation of section 99B.10, subsection 1, paragraph “b” , or
a person who commits an offense of awarding a cash prize of
more than twenty-five dollars in violation of section 99B.10,
subsection 1, paragraph “b” , pursuant to rules adopted by the
department, shall be subject to revocation of the person’s
registration and the following:
(1) If the person whose registration is revoked under this
subsection who paragraph “b” , is a person for which a class “A”,
class “B”, class “C”, special class “C”, or class “D” liquor
control license has been issued pursuant to chapter 123 , shall
have the person’s liquor control license shall be suspended for
a period of fourteen days in the same manner as provided in
section 123.50, subsection 3 , paragraph “a” . A
(2) If the person whose registration is revoked under this
subsection who paragraph “b” , is a person for which only a
class “B” or class “C” beer permit has been issued pursuant to
chapter 123 , shall have the person’s class “B” or class “C”
beer permit shall be suspended for a period of fourteen days
in the same manner as provided in section 123.50, subsection
3 , paragraph “a” .
b. (3) If a person owning or employed by an establishment
having a class “A”, class “B”, class “C”, special class “C”,
or class “D” liquor control license issued pursuant to chapter
123 commits an offense of awarding a cash prize in violation of
section 99B.10, subsection 1 , paragraph “b” , pursuant to rules
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H.F. 2427
adopted by the department as provided in this paragraph “b” , the
liquor control license of the establishment shall be suspended
for a period of fourteen days in the same manner as provided in
section 123.50, subsection 3 , paragraph “a” .
(4) If a person owning or employed by an establishment
having a class “B” or class “C” beer permit issued pursuant to
chapter 123 awards a cash prize in violation of section 99B.10,
subsection 1 , paragraph “b” , pursuant to rules adopted by the
department commits an offense as provided in this paragraph
“b” , the beer permit of the establishment shall be suspended
for a period of fourteen days in the same manner as provided in
section 123.50, subsection 3 , paragraph “a” .
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