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    Qualified Adult Only Facility Ordinance-Draft

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    Joel D. Miller
    This ordinance regulates qualified adult-only facilities that distribute free samples of smokeless tobacco in Linn County. It defines a qualified adult-only facility and establishes restrictions on their operations, including failing to check IDs, selling alcohol, and suggesting sponsorship by local groups. Any violations will be enforced by peace officers or health officials reporting to the Linn County Public Health Department. Owners of properties allowing non-compliant facilities can be fined $750 per offense. The ordinance takes effect upon publication and applies throughout Linn County except where incorporated areas have their own regulations.

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    Qualified Adult Only Facility Ordinance-Draft

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    Joel D. Miller
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    This ordinance regulates qualified adult-only facilities that distribute free samples of smokeless tobacco in Linn County. It defines a qualified adult-only facility and establishes restrictions on their operations, including failing to check IDs, selling alcohol, and suggesting sponsorship by local groups. Any violations will be enforced by peace officers or health officials reporting to the Linn County Public Health Department. Owners of properties allowing non-compliant facilities can be fined $750 per offense. The ordinance takes effect upon publication and applies throughout Linn County except where incorporated areas have their own regulations.

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    This ordinance regulates qualified adult-only facilities that distribute free samples of smokeless tobacco in Linn County. It defines a qualified adult-only facility and establishes restrictions on their operations, including failing to check IDs, selling alcohol, and suggesting sponsorship by local groups. Any violations will be enforced by peace officers or health officials reporting to the Linn County Public Health Department. Owners of properties allowing non-compliant facilities can be fined $750 per offense. The ordinance takes effect upon publication and applies throughout Linn County except where incorporated areas have their own regulations.

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    19 views2 pages

    Qualified Adult Only Facility Ordinance-Draft

    Uploaded by

    Joel D. Miller
    This ordinance regulates qualified adult-only facilities that distribute free samples of smokeless tobacco in Linn County. It defines a qualified adult-only facility and establishes restrictions on their operations, including failing to check IDs, selling alcohol, and suggesting sponsorship by local groups. Any violations will be enforced by peace officers or health officials reporting to the Linn County Public Health Department. Owners of properties allowing non-compliant facilities can be fined $750 per offense. The ordinance takes effect upon publication and applies throughout Linn County except where incorporated areas have their own regulations.

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    of 2

    CHAPTER XX

    LINN COUNTY ORDINANCE REGULATING


    QUALIFIED ADULT-ONLY FACILITIES
    DISTRIBUTING FREE SAMPLES OF SMOKELESS TOBACCO

    XX.1 Definitions
    XX.2 Qualified Adult Only Facilities Restrictions
    XX.3 Enforcement
    XX.4 Penalties
    XX.5 Effective Date

    XX.1 DEFINITIONS

    Qualified Adult-Only Facility means a temporary structure intended for the


    distribution of free samples of smokeless tobacco and subject to the requirements and
    restrictions contained in 21 CFR 1140.16.

    XX.2 QUALIFIED ADULT-ONLY FACILITY RESTRICTIONS

    Notwithstanding any of the requirements and restrictions contained in 21 CFR


    1140.16, it is a violation of this Chapter for a Qualified Adult-Only Facility to:

    1. Fail to employ the required personnel to check age requirements for


    admittance
    2. Sell, serve or distribute alcohol
    3. Provide free samples of smokeless or other tobacco products
    4. Give, sell or distribute smokeless or other tobacco product coupons
    5. Give, sell or distribute smokeless or other tobacco product related
    merchandise
    6. Present to the public that the Qualified Adult-Only Facility is
    sponsored by any local retailer, merchant organization or civic group

    XX.3 ENFORCEMENT

    Any peace officer or public health officer who witnesses a Qualified Adult-Only
    Facility being operated in violation of this Chapter shall cause a report of violation to be
    filed with the Linn County Public Health Department. Violations of this Chapter shall be
    enforced as county infractions pursuant to Chapter 19 of the Linn County Code of
    Ordinances. Infractions shall be prosecuted in the name of the person(s) owning, in
    possession of or in control of the real property upon which the Qualified Adult-Only
    Facility is being allowed to operate.
    XX.4 PENALTIES

    Any person convicted of committing a county infraction based upon Section XX.2
    of this ordinance shall be fined as follows:

    Each offense: $750

    Each enumerated violation, if observed, constitutes a separate offense.

    XX.5 EFFECTIVE DATE/JURISDICTION

    This ordinance shall be in effect after its final passage, approval and publication
    as provided by law. It shall be in effect throughout Linn County, Iowa except in
    incorporated areas where a Municipal Ordinance exists regulating Qualified Adult-Only
    Facilities.

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