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TITLE III COMMUNITY PROTECTION

CHAPTER 6 CIGARETTE LICENSE

3-6-1 – Definitions
3-6-2 – Permit Required
3-6-3 – Issuance
3-6-4 – Expiration
3-6-5 – Fees
3-6-6 – Refunds
3-6-7 – Suspension; Revocation; Civil Penalty
3-6-8 – Permits Not Transferable
3-6-9 – Display

3-6-1 – DEFINITIONS.

For use in this chapter the following terms are defined as follows:

  1. “Cigarette” means any roll for smoking made wholly or in part of tobacco or any
    substitute for tobacco, irrespective of size or shape and irrespective of tobacco
    or any substitute for tobacco being flavored, adulterated, or mixed with any other
    ingredient, where such roll has a wrapper or cover made of paper or any other material.
    However, this definition shall not be construed to include Cigars. (Code of Iowa,
    Sec. 453A.1(2))
  2. “Retailer” means and includes every person in this State who sells, distributes,
    or offers for sale for consumption, or possess for the purpose of sale for consumption,
    cigarettes irrespective of quality or amount or the number of sales. (Code of Iowa,
    Sec. 453A.1(19))
  3. “Place of business” means and includes any place where cigarettes are sold or where
    cigarettes are stored, within or without the State of Iowa, by the holder of an Iowa
    permit or kept for the purpose of sale or consumption; or if sold from any vehicle
    or train, the vehicle or train on which or from which such cigarettes are sold shall
    constitute a place of business. (Code of Iowa, Sec. 453A.1(17))

3-6-2 – PERMIT REQUIRED.

No retailer shall distribute, sell, or solicit the sale of any cigarettes within
the City of Fertile, Iowa, without a valid permit for each place of business. The
permit shall be displayed publicly in the place of business so that it can be seen
easily by the public. (Code of Iowa, Sec. 453A.13)

3-6-3 – ISSUANCE.

The City Council shall issue or renew a permit, upon a determination that such issuance
or renewal will not be detrimental to the public health, safety, or morals, when
a retailer who is not a minor has filed with the City Clerk a completed application
on forms provided by the State Department of Revenue and Finance and accompanied
by the fee provided in Section 3-6-5. (Code of Iowa, Sec. 453A.13(2)(a))

3-6-4 – EXPIRATION.

Permits expire on June 30 of each year. (Code of Iowa, Sec. 453A.l3(3))

3-6-5 – FEES.

The fee for permits issued or renewed in July, August, or September is $75.00. The
fee for permits issued in October, November, or December is $56.25; in January,
February or March, $37.50; and in April, May or June, $18.75. (Code of Iowa, Sec.
453A.13(3))

3-6-6 – REFUNDS.

1.”An unrevoked permit for which the holder has paid the full annual fee may be surrendered during the first nine months of the year to the officer issuing it, and the city or county granting the permit shall make refunds to the retailer as follows.

a.Three-fourths of the annual fee if the surrender is made during July, August, or September.

          b.One-half of the annual fee if the surrender is made during October, November, or December.

          c.One-fourth of the annual fee if the surrender is made during January, February, or March.

     2.An unrevoked permit for which the retailer has paid three-fourths of a full annual fee may be so surrendered during the first six months of the period covered by the payment and the city or county shall make refunds to the retailer as follows.

a.A sum equal to one-half of an annual fee if the surrender is made during October, November, or December.

b.A sum equal to one-fourth of an annual fee if the surrender is made during January, February or March.

3.An unrevoked permit for which the retailer has paid one-half of a full annual fee may be surrendered during the first three months of the period covered by the payment, and the city or county, shall refund to the retailer a sum equal to one-fourth of an annual fee. (Code of Iowa, Sec. 453A.13(4))

3-6-7 – SUSPENSION; REVOCATION; CIVIL PENALTY.

  1. If a retailer or employee of a retailer has violated Section 453A.2, 453A.36, subsection
    6 or 453A.39, Code of Iowa, the City Council, in addition to other penalties fixed
    for such violations in this section, shall assess a penalty after giving the permit
    holder an opportunity to be heard, upon ten (10) days written notice, stating the
    reasons for the contemplated action and the time and place at which the person may
    appear and be heard, as follows:

    1. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.
    2. For a second violation within a period of two (2) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) or the retailer’s permit shall be suspended for a period of thirty (30)
      days. The retailer may select its preference in the penalty to be applied under this paragraph.
    3. For a third violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of thirty (30) days.
    4. For a fourth violation within a period of three (3) years, the retailer’s shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00)and the retailer’s permit shall be suspended for a period of sixty (60) days.
    5. For a fifth violation within a period of four (4) years, the retailer’s permit shall be revoked.
    6. .If an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the employee holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.2A at the time of the violation. A retailer may assert only once in a four (4) year period the bar under either this subsection or subsection 4 against assessment of a penalty pursuant to subsection 2, for a violation of section 453A.2, that takes place at the same place of business location.
    7. If an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the retailer provides written documentation that the employee of the retailer has completed an in-house tobacco compliance employee training program or a tobacco compliance employee training program which is substantially similar to the I Pledge program which is approximately one (1) hour in length as developed by the alcoholic beverages division of the Department of Commerce. A retailer may assert only once in a four (4)year period the bar under this subsection against assessment of a penalty pursuant to subsection 2,for a violation of section 453A.2, that takes place at the same place of business location.

    3-6-8 – PERMITS NOT TRANSFERABLE.

    A permit shall not be transferable to another place of business or retailer. However, if a retailer who holds a valid permit moves the place of business, the City Council, if it decides to issue a new permit for the new place of business, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.

    3-6-9 – DISPLAY.

    The permit shall be displayed in the place of business so that it can be seen easily by the public. (Code of Iowa, Sec. 453A.13(10))

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