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H0200aa....................................................by STATE AFFAIRS
TOBACCO SALES - MINORS - Amends existing law relating to tobacco sales to
minors to authorize sales at a store within a store without vendor
assistance and to remove certain penalties against a permittee.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to St Aff
02/19 Rpt out - to Gen Ord
02/19 Rpt out amen - to engros
02/22 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 54-15-1
AYES -- Alltus, Barrett, Bell, Black, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hansen(23), Hansen(29),
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz, Limbaugh,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Sali, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stone, Taylor(Taylor), Tilman, Trail,
Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Barraclough, Bieter, Gould, Hadley, Hammond, Henbest,
Kendell, Lake, Mortensen, Ringo, Robison, Stoicheff, Tippets,
Williams, Wood
Absent and excused -- Linford
Floor Sponsor - Stone
Title apvd - to Senate
02/26 Senate intro - 1st rdg as amen - to St Aff
H0200|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 200, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE PREVENTION OF MINOR'S ACCESS TO TOBACCO PRODUCTS; AMENDING 3 SECTION 39-5704, IDAHO CODE, TO REQUIRE THE POSTING OF A PERMIT TO SELL 4 TOBACCO PRODUCTS; AMENDING SECTION 39-5706, IDAHO CODE, TO DEFINE A STORE 5 WITHIN A STORE AND TO PROVIDE AN EXEMPTION FROM CERTAIN REQUIREMENTS; AND 6 AMENDING SECTION 39-5708, IDAHO CODE, TO REMOVE CERTAIN PENALTIES AND TO 7 PROVIDE PENALTIES FOR FAILURE BY A PERMITTEE TO EDUCATE EMPLOYEES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 39-5704, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-5704. PERMITTING OF TOBACCO PRODUCT RETAILERS. (1) It shall be unlaw- 12 ful to sell or distribute or offer tobacco products for sale or distribution 13 at retail or to possess tobacco products with the intention of selling at 14 retail without having first obtained a tobacco permit from the department 15 which shall be the only retail tobacco permit or license required. Provided 16 however, this section shall not be deemed to require a wholesaler or 17 manufacturer's representative or their employees who, in the course of their 18 employment, stock shelves and replenish tobacco products at a permittee's 19 place of business to obtain a permit. 20 (2) The department shall administer the permitting of tobacco product 21 retailers and shall be authorized to ensure compliance with this chapter. The 22 department may promulgate rules in compliance with chapter 52, title 67, Idaho 23 Code, regarding permitting of tobacco product retailers, inspections, and com- 24 pliance checks, effective training and employment practices under this chap- 25 ter. 26 (3) Permits shall be issued annually for no charge for each business 27 location to ensure compliance with the requirements of this chapter. A copy of 28 this chapter, rules adopted by the department, appropriate signage required by 29 this chapter and any materials deemed necessary shall be provided with each 30 permit issued. 31 (4) A separate permit must be obtained for each place of business and is 32 nontransferable to another person, business or location. 33 (5) Permitteesmayshall display the permit in 34 a prominent location. 35 (6) A permittee may display a sign in each location within a place of 36 business where tobacco products are sold or distributed. A sign may be clearly 37 visible to the customer and the seller and shall state: "STATE LAW PROHIBITS 38 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS. 39 PROOF OF AGE REQUIRED. ANYONE WHO SELLS OR DISTRIBUTES TOBACCO TO A MINOR IS 40 SUBJECT TO STRICT FINES AND PENALTIES. MINORS ARE SUBJECT TO FINES AND PENAL- 41 TIES." 42 (7) Permittees are responsible to educate employees as to the require- 43 ments of this chapter. 2 1 (8) It shall be unlawful for the permittee to allow employees who are 2 minors to sell or distribute tobacco. Exception: Employees who are minors may 3 possess but not sell or distribute tobacco products in the course of employ- 4 ment, for such duties as stocking shelves or carrying purchases to customers' 5 vehicles. 6 SECTION 2. That Section 39-5706, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-5706. VENDOR ASSISTED SALES. (1) It shall be unlawful to sell or dis- 9 tribute tobacco products by any means other than vendor assisted sales where 10 the customer has no access to the product except through the assistance of the 11 seller. 12 (2) On and after January 1, 2000, it shall be unlawful to sell or dis- 13 tribute tobacco products from a vending machine. From January 1, 1999, to 14 December 31, 1999, vending machines shall be located in a place not accessible 15 to persons under the age of nineteen (19) years. 16 (3) It shall be unlawful to sell or distribute tobacco products from 17 self-service displays. 18 (4) Stores with tobacco products comprising at least seventy-five percent 19 (75%) of total merchandise are exempt from requiring vendor assisted sales, if 20 minors are not allowed in the store and such prohibition is posted clearly on 21 all entrance doors. If a store providing sales of general merchandise 22 reserves a portion of the floor space with a single point of access, whether 23 that point of access is located within or without the main sales floor, so 24 that it constitutes a store within a store, and the sales of the store within 25 a store are comprised of at least seventy-five percent (75%) tobacco products, 26 and if minors are not allowed in the store within a store and such prohibition 27 is posted clearly on the entrance door, it shall be exempt from requiring 28 vendor assisted sales. To qualify for this exemption, an employee must be 29 present in the store within a store at all times when the door is unlocked to 30 sell products and check identification. 31 SECTION 3. That Section 39-5708, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 39-5708. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT. Any permittee who 34 fails to comply with any part of this chapter, or any current state or local 35 law or rule or regulation regarding the sale or distribution of tobacco prod- 36 ucts shall be subject to a civil penalty as provided in this section or have 37 their permit suspended, pursuant to compliance with the contested case provi- 38 sions of the Idaho administrative procedure act, chapter 52, title 67, Idaho 39 Code, or both. 40 (1) If a seller who is not a permittee violates section 39-5705, Idaho 41 Code, and sells or distributes tobacco products to a minor, the seller shall 42 be fined one hundred dollars ($100). 43 (2) In the case of a first violation, the permittee shall be fined two 44 hundred dollars ($200) and shall be notified in writing of penalties to be 45 levied for further violations. For a violation of section 39-5705, Idaho 46 Code, the permittee shall not be fined if the permittee can show that a train- 47 ing program was in place for the employee and that the permittee has a form 48 signed by that employee on file stating that they understand the tobacco laws 49 dealing with minors and the unlawful purchase of tobacco, but the per-50mittee shall be notified in writing of penalties to be levied for any further51violations. If no such training is in place, the permittee shall be 3 1 fined two hundred dollars ($200). 2 (3) In the case of a second violation in a two (2) year period, the per- 3 mittee shall be fined four hundred dollars ($400) and the permit may be sus- 4 pended for up to seven (7) days. Effective training and employment prac-5tices by the permittee, as determined by the department shall be a mitigating6factor in determining permit suspension; provided that for a 7 violation of section 39- 5705, Idaho Code, the permittee shall not be fined 8 nor a permit suspended if the permittee can show that a training program was 9 in place for the employee and that the permittee has a form signed by that 10 employee on file stating that they understand the tobacco laws dealing with 11 minors and the unlawful purchase of tobacco . Tobacco retailers must 12 remove all tobacco products from all areas accessible to or visible to the 13 public while the permit is suspended. 14 (4) In the case of three (3) or more violations within a two (2) year 15 period, the permittee shall be fined one thousand dollars ($1,000) and the 16 permit shall be revoked for thirty (30) days ; provided that for a viola- 17 tion of section 39-5705, Idaho Code, the permittee shall not be fined nor a 18 permit suspended if the permittee can show that a training program was in 19 place for the employee and that the permittee has a form signed by that 20 employee on file stating that they understand the tobacco laws dealing with 21 minors and the unlawful purchase of tobacco . Tobacco retailers must 22 remove all tobacco products from all areas accessible to or visible to the 23 public while the permit is revoked. 24 (5) All moneys collected for violations pursuant to this section shall be 25 remitted to the prevention of minors' access to tobacco fund created in sec- 26 tion 39-5711, Idaho Code.
AH0200|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Stone Seconded by Callister IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 200 1 AMENDMENTS TO SECTION 2 2 On page 2 of the printed bill, in line 27, delete " at " and 3 insert: " in "; and in line 28, following " unlocked " 4 insert: " to sell products and check identification ". 5 AMENDMENTS TO SECTION 3 6 On page 3, in line 9, following " tobacco " delete the remain- 7 der of the line, and in line 10, delete " hundred dollars ($400) "; 8 and in line 20, following " tobacco " delete the remainder of the 9 line, and in line 21, delete " shall be fined one thousand dollars 10 ($1,000) ".
STATEMENT OF PURPOSE
RS08807C3
The purpose of this legislation is to require the posting of the
permit to sell tobacco products in the store. It defines and allows a
store within a store with certain exemptions as well as certain
requirements. It removes the penalties for the permittee for the
illegal actions of the buyer and seller but provides for the
permittees failure to educate employees and have a form on file
signed by the employee that they have been educated on and understand
the laws dealing with the illegal sale of tobacco to a minor.
FISCAL NOTE
No Fiscal impact to the State.
CONTACT: Vicki Patterson
Id. Petroleum Marketers Assn.
331-7464 or 343-6444
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 200