2003 Legislation
Print Friendly

SENATE BILL NO. 1067 – Tobacco permittees, inspect, minors


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

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
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

Bill Text

  ||||              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
  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-
  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 / Fiscal Impact

                     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


Name:        Decker L. Sanders
Agency:      Health and Welfare
Phone:       334-5934

Statement of Purpose/Fiscal Impact                                                     S 1067