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S1067....................................................by HEALTH AND WELFARE
TOBACCO PERMITTEES - Amends existing law relating to the enforcement actions
of tobacco permittees to clarify when a minor shall participate in an
inspection.
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Health/Wel
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/17 To 14th Ord
02/21 Rpt out - w/o amen - ret'd to 3rd rdg
02/27 3rd rdg - PASSED - 32-1-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
Sweet, Werk
NAYS -- Williams
Absent and excused -- Cameron, Davis
Floor Sponsor - Kennedy
Title apvd - to House
02/28 House intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,
Kellogg, Kulczyk, Lake, Langford, Langhorst(Wallace), Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Wood
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/17 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/27 Governor signed
Session Law Chapter 159
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1067
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO ENFORCEMENT ACTIONS OF TOBACCO PERMITTEES; AMENDING SECTION
3 39-5702, IDAHO CODE, TO FURTHER DEFINE TERMS; AND AMENDING SECTION
4 39-5710, IDAHO CODE, TO CLARIFY WHEN A MINOR SHALL PARTICIPATE IN AN
5 INSPECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-5702, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-5702. DEFINITIONS. The terms used in this chapter are defined as fol-
10 lows:
11 (1) "Business" means any company, partnership, firm, sole proprietorship,
12 association, corporation, organization, or other legal entity, or a represen-
13 tative of the foregoing entities.
14 (2) "Department" means the state department of health and welfare or its
15 duly authorized representative.
16 (3) "Distribute" means to give, deliver, sell, offer to give, offer to
17 deliver, offer to sell or cause any person to do the same or hire any person
18 to do the same.
19 (4) "Minor" means a person under eighteen (18) years of age.
20 (5) "Minor exempt permit" means a permittee location whose revenues from
21 the sale of alcoholic beverages for on-site consumption comprises at least
22 fifty-five percent (55%) of total revenues, or whose products and services are
23 primarily obscene, pornographic, profane or sexually oriented, is exempt from
24 inspections assisted by a minor, if minors are not allowed in the location and
25 such prohibition is posted clearly on all entrance doors.
26 (6) "Permit" means a permit issued by the department for the sale or dis-
27 tribution of tobacco products.
28 (67) "Permittee" means the holder of a valid permit for the sale or dis-
29 tribution of tobacco products.
30 (78) "Photographic identification" means state, district, territorial,
31 possession, provincial, national or other equivalent government driver's
32 license, identification card or military card, in all cases bearing a photo-
33 graph and a date of birth, or a valid passport.
34 (89) "Random unannounced inspection" means an inspection of retail out-
35 lets by a law enforcement agency or by the department, with or without the
36 assistance of a minor, to monitor compliance of this chapter.
37 (910) "Seller" means the person who physically sells or distributes
38 tobacco products.
39 (101) "Tobacco product" means any substance that contains tobacco includ-
40 ing, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco,
41 tobacco papers, or smokeless tobacco.
42 (112) "Vending machine" means any mechanical, electronic or other similar
43 device which, upon the insertion of tokens, money or any other form of pay-
2
1 ment, dispenses tobacco products.
2 (123) "Vendor assisted sales" means any sale or distribution in which the
3 customer has no access to the product except through the assistance of the
4 seller.
5 (134) "Without a permit" means a business that has failed to obtain a per-
6 mit or a business whose permit is suspended or revoked.
7 SECTION 2. That Section 39-5710, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-5710. CONDUCT OF ENFORCEMENT ACTIONS. (1) It is the intent of the leg-
10 islature that law enforcement agencies and the department shall enforce this
11 chapter and rules promulgated pursuant thereto in a manner that can reasonably
12 be expected to significantly reduce the extent to which tobacco products are
13 sold or distributed to minors.
14 (2) Law enforcement agencies may conduct random, unannounced inspections
15 at locations where tobacco products are sold or distributed to ensure compli-
16 ance with this chapter. A copy of all citations issued under this chapter
17 shall be submitted to the department.
18 (3) The department shall conduct at least one (1) random, unannounced
19 inspection per year, with the assistance of a minor, at all locations where
20 tobacco products are sold or distributed at retail to ensure compliance with
21 this chapter. The department shall conduct inspections for minor exempt per-
22 mittees without the assistance of a minor. The department shall conduct
23 inspections for all other permittees with the assistance of a minor. Each year
24 the department shall conduct random unannounced inspections, with the assis-
25 tance of a minor, equal to the number of permittees multiplied by the viola-
26 tion percentage rate reported for the previous year multiplied by a factor of
27 ten (10). Local law enforcement agencies are encouraged to contract with the
28 department to perform these required inspections.
29 (4) Minors may assist with random, unannounced inspections with the writ-
30 ten consent of a parent or legal guardian. When assisting with these inspec-
31 tions, minors shall not provide false identification, nor make any false
32 statement regarding their age.
33 (5) Citizens may file a written complaint of noncompliance of this chap-
34 ter with the department, or with a law enforcement agency. Complaints shall be
35 investigated and the proper enforcement actions taken.
36 (6) Within a reasonable time, not later than two (2) business days after
37 an inspection has occurred, a representative of the business inspected shall
38 be informed in writing of the results of the inspection.
STATEMENT OF PURPOSE
RS 12386
The proposed change consists of the addition of a "minor exempt"
tobacco retail permit and language to allow the conduct of tobacco
permit inspections without the assistance of a minor for all
businesses holding a "minor exempt" tobacco retail sales permit.
Businesses self-identify for the "minor exempt" tobacco retail
sales permit by certifying that at least 55% of their revenues come
from the sale of alcohol for consumption on site or adult oriented
entertainment. Businesses provided a "minor exempt" tobacco retail
sales permit are routinely inspected by an adult inspector for all
random and unannounced inspections during the year and are subject
to the same level of investigation as all other permit holders for
written complaints.
FISCAL IMPACT
None
CONTACT
Name: Decker L. Sanders
Agency: Health and Welfare
Phone: 334-5934
Statement of Purpose/Fiscal Impact S 1067