(October 2001)
With Questions Contact:
Donn Stanley, Assistant Attorney General
Iowa Department of Justice
515.281.8480
Relevant Definitions:
Cigarettes: any roll for smoking made wholly or in part of
tobacco, or any substitute for tobacco, regardless of size or shape
and regardless of the mix of ingredients. Does not include cigars.
Cigarette Vending Machines: Any self-service device which takes
money and dispenses cigarettes or tobacco products.
Tobacco Products: Cigars, little cigars, cheroots, stogies, periques,
granulated, plug cut, crimp cut, ready rubbed, and other smokeless
tobacco, snuff, snuff flower, Cavendish, plug and twist tobacco, fine
cut and other chewing tobaccos, shorts, or refuse scraps, clippings,
cuttings and sweepings of tobacco, and other kinds and forms of tobacco,
prepared in such manner as to be suitable for chewing or smoking in
a pipe or otherwise, or both for chewing and smoking. Does not mean
cigarettes.
Retail Permit: Tobacco permits issued to retailers
Person: Every individual, firm, association, joint stock company,
syndicate, copartnership, corporation, trustee, agency or receiver,
or respective legal representative.
Civil Prosecution of Tobacco Permit Holders:
Retail Tobacco permits are issued and regulated locally, by
city and county governments. Civil prosecution permit proceedings
must occur before the permit issuing authority, i.e., city councils
or county boards of supervisors.
If a RETAILER and/or EMPLOYEE of a retailer does any of the following:
(453A.3 sub.1b)
- Sells, gives, or otherwise supplies any tobacco, tobacco products,
or cigarettes to an individual under the age of 18.
- Has vending machines that contain cigarettes or tobacco products
located in a place where persons under 18 are present or permitted
AT ANY TIME.
- Gives away any cigarette or tobacco product samples in a manner
that allows persons under 18 to have access.
- Gives away samples within 500 feet of any playground, school,
high school, or other FACILITY where such a facility is being
used primarily by persons under 18.
- Does not ID a person who a reasonable person could conclude
on the basis of their outward appearance that a prospective recipient
of a SAMPLE may be under 18
Will face the following penalties:
- 1st violation = $300 civil penalty
- 2nd violation (within 2 years) = $1,500 fine OR 30-day suspension
- 3rd violation (within 3 years) = $1,500 AND 30-day suspension
- 4th violation (within 3 years) = $1,500 AND 60-day suspension
- 5th violation (within 4 years) = Revocation
When a city or county prosecutes a civil penalty related to tobacco,
penalties paid shall be retained by the city or county enforcing
the violation. (453A.2 sub.2a)
Criminal Prosecutions of Persons Other than a Retailer:
A person, OTHER THAN A RETAILER, who sells, gives, or otherwise supplies
any tobacco, tobacco products, or cigarettes to any individual under
the age of 18 is guilty of a simple misdemeanor. (453A.2 sub1a)
Criminal Prosecutions of
An EMPLOYEE of a retailer who sells, gives, or otherwise supplies
any tobacco, tobacco products, or cigarettes to any individual under
the age of 18 is guilty of a simple misdemeanor. (453A.2 sub.1b)
- The scheduled penalty fine is as follows: (850.8 sub11aa)
- If the violation is a first offense, the scheduled fine is
$100
- If the violation is a second offense, the scheduled fine is
$250
- If the violation is a third or subsequent offense, the scheduled
fine is $500
Persons Under 18:
A PERSON under 18 years of age shall not smoke, use, possess, purchase,
or attempt to purchase any tobacco, tobacco products, or cigarettes.
(453A.2 sub.2)
- The penalty is CIVIL, not criminal.
- If the violation is a first offense, the fine is $50. (805.8
sub.11b1) And includes performance of 8 hours of community work
requirements, unless this is waived by the court. (453A.2 sub.2b)
- If the violation is a second offense, the fine is $100. (805.8
sub11b2) And includes performance of 12 hours of community work
requirements. (453A.2 sub.2c) There is no provision that allows
for a waiver of community work requirements on the second offense.
- If the violation is a third or subsequent offense, the fine
is $250. (805.8 sub.11b3) And includes the performance of 16
hours of community work requirements. (453A.3 sub.2d) There
is no provision that allows for a waiver of community work requirements
on the third or subsequent offense.
- For these violations, the criminal penalty surcharge under 911.2
cannot be imposed. In addition, court costs pursuant to 805.9
sub.6 cannot be imposed (805.9 sub11b)
Criminal Prosecutions of Persons Under 18:
A PERSON under 18 years of age who alters or displays or has in their
possession a fictitious or fraudulently altered driver’s license
or a non-operators’s id card, and who uses this license or card
to smoke, use, possess, purchase, or attempt to purchase any tobacco,
tobacco products, or cigarettes, commits a simple misdemeanor punishable
by a fine of $100. (321.21 sub6c)
- An employer or a retailer who reasonable believes they have
been presented with a false or altered license or ID may seize
it. If they do this, they must then issue a receipt to the person
listing the time and date. They must then turn it over to their
local law enforcement officials within 24 hours.
Immunity for Persons under 18:
A PERSON under 18 years of age who possesses cigarettes or tobacco
products as part of their employment, and that employer has a valid
tobacco permit does not commit a violation. (453A.2 sub.2a)
A PERSON under 18 years of age who participates in compliance checks
of retailers under supervision of a “peace officer” does
not commit a violation (453A.2 sub.5)
- Definition of a peace officer is listed in 801.4, and also
in 453A.2 sub.3.
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