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COMPILED CODE - Iowa Legislature - State of Iowa

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69<br />

Tit. V, Ch. 7-A. CIGARETTES. §§ 913-al-913-a3.<br />

SECTION 913-al. Sale or gift to minor prohibited—penalty.<br />

1 Any person who shall furnish to any minor under twenty-one<br />

2 years <strong>of</strong> age, by gift, sale or otherwise, any cigarette or cigarette<br />

3 paper or wrapper, or any paper made or prepared for the purpose <strong>of</strong><br />

4 making cigarettes, shall be guilty <strong>of</strong> a misdemeanor. Whoever is<br />

5 found guilty there<strong>of</strong>, for the first <strong>of</strong>fense shall be sentenced to pay a<br />

6 fine <strong>of</strong> not less than twenty-five dollars nor more than one hundred<br />

7 dollars and costs <strong>of</strong> prosecution, or imprisoned in the county jail for<br />

8 not more than thirty days; and for the second and each subsequent<br />

9 <strong>of</strong>fense, upon conviction there<strong>of</strong>, shall be sentenced to pay a fine <strong>of</strong> not<br />

10 less than one hundred dollars nor more than five hundred dollars and<br />

11 costs <strong>of</strong> prosecution, or be imprisoned in the county jail not less than<br />

12 one month nor more than six months, or both such fine and impris-<br />

13 onment.<br />

[C, '97, § 5006; 39 G. A., ch. 203, § 1.]<br />

NOTE: See § 913-a22 <strong>of</strong> this supplement for additional provision.<br />

SEC. 913-a2. Minors refusing to give information—penalty.<br />

1 Any minor under twenty-one years <strong>of</strong> age, in any place other than<br />

2 upon the premises <strong>of</strong> his parent or parents, being in possession <strong>of</strong> a<br />

3 cigarette or cigarette paper, may be required by any peace <strong>of</strong>ficer,<br />

4 juvenile court <strong>of</strong>ficer, truant <strong>of</strong>ficer or teacher in any school, to give<br />

5 information as to where he or she obtained said cigarette or cigarette<br />

6 paper, and upon refusing to furnish such information, shall be guilty<br />

7 <strong>of</strong> a misdemeanor, and upon conviction there<strong>of</strong> before any magistrate<br />

8 or justice <strong>of</strong> the peace, such minor being <strong>of</strong> the age <strong>of</strong> sixteen or<br />

9 upwards, shall be sentenced to pay a fine not exceeding five dollars<br />

10 or to undergo an imprisonment in the jail <strong>of</strong> the proper county not<br />

11 exceeding five days, or both such fine and imprisonment; if such minor<br />

12 shall be under the age <strong>of</strong> sixteen years, he or she shall be certified by<br />

13 such magistrate or justice <strong>of</strong> the peace to the juvenile court <strong>of</strong> the<br />

14 county for such action as to said court shall seem proper; provided,<br />

15 however, that if any person convicted <strong>of</strong> violating any provision <strong>of</strong><br />

16 this section shall give information which shall lead to the arrest <strong>of</strong><br />

17 the person or persons having violated any provisions <strong>of</strong> the last pre-<br />

18 ceding section, and shall give evidence as a witness in proceedings<br />

19 that may be instituted against said person or persons, the court shall<br />

20 have the power to suspend sentence against such minor <strong>of</strong>fender.<br />

[S., '13, §§ 5007-c, 5007-d; 39 G. A., ch. 203, § 2.]<br />

SEC. 913-a3. Permit to sell—duration—revocation.<br />

1 No person, firm or corporation shall sell cigarettes or cigarette<br />

2 papers in the state <strong>of</strong> <strong>Iowa</strong>, without first having obtained a permit<br />

3 therefor, which said permit may be granted and issued by the council<br />

4 <strong>of</strong> any city or town, including cities under special charter and cities<br />

5 under the manager plan or commission form <strong>of</strong> government, and said<br />

6 permit shall be in force and effect for two years following the July<br />

7 first after its issue, unless sooner revoked, and shall be granted only<br />

8 to a person, firm or corporation owning or operating the place from<br />

9 which said sale is to be made, and shall not be transferable, which<br />

10 permit shall have a number and show the residence and place <strong>of</strong> busi-<br />

11 ness <strong>of</strong> the permit holder. The council issuing such permit shall<br />

12 revoke the permit <strong>of</strong> any person who has violated any <strong>of</strong> the pro-

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