City of Richmond Heights, MO Offenses Concerning Minors

Any act or omission by which a parent fails to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any offense.

Section 215.905 Curfew.

[Ord. No. 5349 § 1, 12-19-2016]

It is unlawful for any minor under the age of seventeen (17) years to loiter, idle, wander, stroll or to drive or ride in an automobile or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 11:00 p.m. and 6:00 a.m. of the following day, except on Fridays and Saturdays when the hours shall be 12:00 Midnight to 6:00 a.m. of the following day. The provisions of this Article shall not apply when the minor is accompanied by his or her parent, guardian or another adult person having the care and custody of that minor or when such minor is upon an emergency errand or legitimate business as directed by such adult.

Section 215.910 Unlawful For Parents, Guardians, Etc., To Permit Violations.

[Ord. No. 5349 § 1, 12-19-2016]

No person who is the parent, guardian or other adult having the care and custody of a minor under the age of seventeen (17) years shall knowingly, or with reason to know, permit such minor to violate the provisions of Section 215.905 of this Article.

Section 215.920 Procedure Upon Violation.

[Ord. No. 5349 § 1, 12-19-2016]

Any Police Officer finding a minor violating the provisions of Section 215.905 shall warn the minor to cease and desist immediately from such violation. The Police Officer may take the minor into custody and release him or her to his or her parents or guardian or release the minor at the scene with a written notice of referral to the Juvenile Court. The Juvenile Court shall serve upon the parent or guardian or person in charge of such minor the written notice setting forth the manner in which the minor violated Section 215.905.

Section 215.930 (Reserved)

Section 215.940 Prohibited Sale Of Tobacco Products To Minors.

[Ord. No. 5349 § 1, 12-19-2016; Ord. No. 5426, 8-19-2019]

Definitions. For purposes of this Section, the following definitions shall apply:

DISTRIBUTE

A conveyance to the public by sale, barter, gift or sample.

MINOR

A person under the age of twenty-one (21).

PROOF OF AGE

A driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.

ROLLING PAPERS

Paper designed, manufactured, marketed or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokeable cigarette.

SAMPLE

A tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.

SAMPLING

The distribution to members of the general public of tobacco product samples.

TOBACCO PRODUCTS

Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

VENDING MACHINE

Any mechanical, electric or electronic self-service device, which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

Prohibition Of The Sale Of Tobacco Products To A Minor.

No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor. This paragraph shall not apply to the distribution by family members on property that is not open to the public.

Any person who violates this Section shall be fined:

For the first offense, one hundred dollars ($100.00).

For the second offense, two hundred dollars ($200.00).

For the third offense and subsequent offenses, five hundred dollars ($500.00).

The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:

Contain in red lettering at least one-half (1/2) inch high on a white background, the following: "IT IS A VIOLATION OF COUNTY LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF TWENTY-ONE (21)."

Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle and the words "Under 21."

It shall be unlawful for any person to engage in tobacco product distribution to persons under twenty-one (21) years of age.

A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of twenty-one (21).

If a sale is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in Subsection (B)(1). If a vending machine is in violation of Subsection (B)(3) of this Section, the owner of the establishment shall be guilty of an offense established in Subsection (B)(1). If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subsection (B)(1).

Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of this Section. No person shall be liable for more than one (1) violation of this Section on any single day.

It shall be unlawful for any individual under the age of twenty-one (21) to purchase, possess, accept receipt of, or attempt to purchase or accept receipt of tobacco products, or to present or offer to any person purported proof of age which is false, fraudulent or not actually his or her own for the purpose of purchasing, possessing or receiving any tobacco product.

Section 215.945 Failure To Supervise Minor.

[Ord. No. 5349 § 1, 12-19-2016]

Definitions. For the purpose of this Section, the following definitions shall apply:

ALCOHOLIC BEVERAGES

Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in Chapter 600 of the Municipal Code of the City of Richmond Heights.

CONTROLLED SUBSTANCE

Any drug, substance or immediate precursor defined or described as such in Section 195.010, RSMo. (2000) as may be amended or revised from time to time.

DELIVERY OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES

The gift or exchange of an alcoholic beverage or controlled substance from one (1) person to another.

MINOR

Any person under the age of twenty-one (21) years.

PARENT

A natural or adoptive parent, or a guardian, or the adult designee of either of them.

PARTY, GATHERING or EVENT

An assemblage or a group of persons for a social occasion or for a social activity.

PERSON IN CONTROL OF THE PREMISES

An adult who owns, leases, rents or is otherwise the lawful occupant of any premises or the adult designee thereof.

PRACTITIONER

Any medical professional or other person as defined or described in Section 195.010, RSMo. (2000) as may be amended or revised from time to time.

Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled Substances. It shall be unlawful for any person to knowingly or negligently permit, allow or host, on or in a premises under his or her control, the consumption of alcoholic beverages or controlled substances by a minor; except that this Section shall not apply to the following:

The delivery of alcoholic beverages to a minor or the consumption of alcoholic beverages by a minor in connection with the performance of any bona fide religious service under the supervision of an adult, with the consent of the person in control of the premises.

The delivery of an alcoholic beverage to a minor by that minor's parent and under the direct supervision of the parent.

The possession or consumption of or the delivery to a minor of a controlled substance prescribed for that minor by a practitioner when such delivery by that minor's parent or by the person in control of the premises, provided that he or she has obtained the prior consent of that minor's parent.

Rental Of A Premises. It shall be unlawful for any owner, agent, employee or contractor thereof to rent any room, rooms, apartment or any building or portion of a building to a minor or to any adult when it is reasonably foreseeable that said adult, or his or her adult designee, will leave the said premises or reasonably foreseeable that said premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors except as otherwise provided in this Chapter.

Duty To Disperse — Police Services, Fees For Police Services.

Any person in control of a premises at which alcoholic beverages or controlled substances are in the possession of or are being consumed by minors, or his or her adult designee, shall cause all persons in or on said premises who are not lawful residents thereof to disperse not more than fifteen (15) minutes after personally receiving an order to do so issued by a Peace Officer.

When a party, gathering or event occurs on private property and a Police Officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person or persons responsible for the party, gathering or event will be held liable for the cost of providing Police services during a second or follow-up response by the Police after a first warning to the person or persons responsible for the party, gathering or event. The second or follow-up response may also result in the arrest and/or citation of violators pursuant to State law or other provisions of this Code.

The Police services fee shall include the cost of personnel and equipment but shall not exceed five hundred dollars ($500.00) for a single incident, provided, however, that the City does not waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500.00) through other legal remedies. The amount of such fees shall be deemed a debt owed to the City by the person responsible for the party, gathering or event. If such persons are minors, their parents or guardians shall be responsible for such debt. Any person owing such fees to the City shall be liable in an action brought in the name of the City for recovery of such fees, including reasonable attorney's fees.

Penalty. Any person or persons convicted of violating the provisions of this Section shall be fined an amount not to exceed five hundred dollars ($500.00) for each offense; except that for third and subsequent violations by the same person or persons, the fine shall not be less than one thousand dollars ($1,000.00) for each offense.

Section 215.946 Penalties.

[Ord. No. 5349 § 1, 12-19-2016]

Any parent, guardian or other person who violates Section 215.905 of this Article after having received notice of the first violation, as described in Section 215.905 of this Article, shall upon conviction be subject to punishment as provided in Section 100.150 of this Code.

Any person under the age of seventeen (17) years who violates Section 215.905 of this Article after having received notice of the first violation, shall be dealt with in accordance with the juvenile laws of the State.