Bill Text: IA SF2023 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to inspections for violations relating to retailers of cigarettes, tobacco, tobacco products, alternative nicotine products, and vapor products that provide for use or consumption of regulated products on the retailer's premises.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-04-01 - Withdrawn. S.J. 674. [SF2023 Detail]

Download: Iowa-2023-SF2023-Introduced.html
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
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