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As the Iowa State Fair Winds Down, the Alcoholic Beverages Division's Tobacco Enforcement Program is Just Gearing Up

Contact: Lynn M. Walding, Administrator 515.281-7402 / 515.229.7777

This year’s State Fair has drawn to a close and teens, heads filled with thoughts of teachers, homework, new school clothes and reunions with friends, embark on a new school year. Yet for some, the Iowa State Fair will be more than a memory.

Approximately 128 youth were cited during the Fair for underage possession of tobacco products. What does this mean for teens cited for smoking? The law states that a first offense of youth tobacco possession is a simple misdemeanor that carries a $50 fine, along with the possibility of 8 hours of community service.

In the spirit of treating everyone fairly, 10 individuals were cited for supplying tobacco products to a minor, and compliance checks were completed on each retailer at least twice with some getting checked three times during the Fair. Only one retailer sold during the compliance checks; that retailer will face a $300 civil penalty and the clerk that sold the tobacco faces a simple misdemeanor charge, carrying a $100 fine.

Lynn Walding, Administrator of the Alcoholic Beverages Division added, “Overall, the program is proceeding as planned. The state’s tobacco initiative hopes to sensitize the public to issues of youth tobacco consumption; the picture of young people smoking has become so commonplace we forget that it is not only illegal, but also extremely detrimental to young Iowans’ health. We feel that to achieve this end, the tobacco initiative must take a comprehensive approach and demand that all actors behave responsibly, from teens, to clerks, to retailers.”

Charges for youth and clerks will be brought before the Polk County Attorney. Penalties for tobacco retailers, however, are brought before the permit issuing authority, which is the city of Des Moines in this case.

The Alcoholic Beverages Division coordinated with the Iowa Department of Public Safety to provide two state troopers to patrol the State Fairgrounds and cite minors for illegal possession of cigarettes and other tobacco products; state troopers normally assigned to the State Fair also cited youth tobacco violators.

The Alcoholic Beverages Division is gearing up its tobacco enforcement program, and is focused on developing an educational program for law enforcement, local tobacco permit issuing authorities, and tobacco retailers; securing a full-time staff; and developing contracts for local law enforcement in conjunction with the Iowa Department of Public Health.

The Alcoholic Beverages Division is undertaking a $1.7 million statewide tobacco enforcement effort funded by Iowa’s tobacco settlement.

Alcoholic Beverages Division’s Iowa State Fair Tobacco Enforcement Stats

  • Out of approximately 128 youth cited at the Iowa State Fair for tobacco possession, 50, or 39% were female and 78, or 61% were male
  • The majority of youth cited were residents of the Des Moines area, with 83, or 67% of all youth cited. Conversely, 7, or 6% of youth cited are out-of-state residents.
  • The 7 youth cited for underage possession were visiting from states including Ohio, Florida, Kansas, Missouri, and Nebraska.
  • The age range for youth cited during the Fair range from 13 to 17 years old.

    AGE
    # of CITATIONS
    % of TOTAL
    13
    4
    3%
    14
    12
    9%
    15
    24
    19%
    16
    37
    29%
    17
    51
    40%

  • Ten citations were issued to individuals over 18 that supplied tobacco products to minors.
  • One clerk and one retailer were also cited for selling tobacco products to a minor; the clerk
    faces a $100 fine and a simple misdemeanor charge, while the retailer faces a $300 civil
    penalty.
  • The number of youth citations issued each day of the Fair is illustrated in the following:

    DATE CITED
    # of YOUTH CITATIONS ISSUED
    August 10
    26
    August 11
    19
    August 12
    26
    August 13
    18
    August 14
    8
    August 15
    1
    August 16
    7
    August 17
    16
    August 18
    7
    August 19
    4
    August 20
    6

Stiffer Penalties for Tobacco Violations include the following:

  • Youth cited for tobacco possession face a simple misdemeanor charge, fines from $50 to $250, and community service from 8 to 16 hours.
  • Retailers that sell cigarettes or tobacco products to minors face a $300 penalty for a first offense, up to tobacco permit revocation for the 4th and subsequent violations.
  • Clerks selling cigarettes or tobacco products face a simple misdemeanor charge with fines from $100 to $500.
 
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