[1]
Editor's Note: The Federal Further Consolidated Appropriations
Act, 2020, PL 116-94, adopted 12-20-2019, raises the minimum age to
buy tobacco products from 18 to 21.
[R.O. 2008 § 215.610; Ord. No. 5779 § 1, 4-12-2012]
For purposes of this Article, the
following definitions shall apply:
A conveyance to the public by sale, barter, gift or sample.
A person under the age of eighteen (18).
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.
A retail store used primarily for the sale of tobacco products
and accessories and where more than seventy percent (70%) of the volume
of trade or business carried on there is that of the blending of tobaccos
or sales of tobaccos, cigarettes, pipes, cigars or smoking sundries
and in which the sale of other products is incidental. A "retail tobacco
store" shall not include a tobacco department used primarily for the
sale of smoking materials as part of a larger commercial establishment
such as a department store, discount store or bar or retail store.
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.
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
The distribution to members of the general public of tobacco
product samples.
Any instrument, utensil or device used for smoking or inhaling
tobacco or similar plant products including, but not limited to, rolling
papers; metal, wooden, acrylic, glass, stone, plastic or ceramic pipes;
water pipes; hookahs; carburetion tubes and devices; and bongs.
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
[R.O. 2008 § 215.620]
A.
It shall be unlawful for any person to
sell, provide or distribute tobacco products to persons under eighteen
(18) years of age.
B.
All vending machines that dispense tobacco products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than eighteen (18) years of age from purchasing any tobacco product from such machine or shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than eighteen (18) years of age are not permitted or prohibited by law. An owner of an establishment whose vending machine is not in compliance with the provisions of this Subsection shall be subject to the penalties contained in Subsection (E) of this Section. A determination of non-compliance may be made by a local law enforcement agency or the Division of Alcohol and Tobacco Control. Nothing in this Section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.
C.
No person or entity shall sell, provide
or distribute any tobacco product or rolling papers to any minor or
sell any individual cigarettes to any person in this State. This Subsection
shall not apply to the distribution by family members on property
that is not open to the public.
D.
E.
Any owner of the establishment where tobacco products are available for sale who violates Subsection (C) of this Section shall not be penalized pursuant to this Section if such person documents the following:
1.
An in-house or other tobacco compliance
employee training program was in place to provide the employee with
information on the State and Federal regulations regarding tobacco
sales to minors. Such training program must be attended by all employees
who sell tobacco products to the general public;
2.
A signed statement by the employee
stating that the employee has been trained and understands the State
laws and Federal regulations regarding the sale of tobacco to minors;
and
3.
Such in-house or other tobacco compliance
training meets the minimum training criteria, which shall not exceed
a total of ninety (90) minutes in length, established by the Division
of Alcohol and Tobacco Control.
F.
The exemption in Subsection (E) of this Section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products are available for sale if:
G.
If a sale is made by an employee of the owner of an establishment in violation of this Article, the employee shall be guilty of an offense established in Subsections (A), (B) and (C) of this Section. If a vending machine is in violation of Section 215.650, the owner of the establishment shall be guilty of an offense established in Subsections (C) and (D) of this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subsections (C) and (D) of this Section.
H.
A person cited for selling, providing or distributing any tobacco product to any individual less than eighteen (18) years of age in violation of Subsections (A), (B) or (C) of this Section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that:
1.
Such individual presented a driver's
license or other government-issued photo identification purporting
to establish that such individual was eighteen (18) years of age or
older.
I.
Any person adversely affected by this Section
may file an appeal with the Administrative Hearing Commission which
shall be adjudicated pursuant to the procedures established in Chapter
621, RSMo.
[R.O. 2008 § 215.630]
A.
No person less than eighteen (18) years
of age shall purchase, attempt to purchase or possess cigarettes or
other tobacco products unless such person is an employee of a seller
of cigarettes or tobacco products and is in such possession to effect
a sale in the course of employment or an employee of the Division
of Alcohol and Tobacco Control for enforcement purposes pursuant to
Subsection (5) of Section 407.934, RSMo.
B.
Any person less than eighteen (18) years
of age shall not misrepresent his/her age to purchase cigarettes or
tobacco products.
C.
Any person who violates the provisions
of this Section shall be penalized as follows:
1.
For the first violation, the person
is guilty of an infraction and shall have any cigarettes or tobacco
products confiscated;
2.
For a second violation and any subsequent
violations, the person is guilty of an infraction, shall have any
cigarettes or tobacco products confiscated and shall complete a tobacco
education or smoking cessation program, if available.
[R.O. 2008 § 215.635; Ord. No. 5779 § 2, 4-12-2012]
[R.O. 2008 § 215.640]
No person shall sell cigarettes or
tobacco products unless the person has a retail sales tax license.
[R.O. 2008 § 215.650]
A.
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:
1.
Contain in red lettering at least
one-half (1/2) inch high on a white background the following:
"IT IS A VIOLATION OF STATE LAW FOR
CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD OR OTHERWISE PROVIDED
TO ANY PERSON UNDER THE AGE OF EIGHTEEN OR FOR SUCH PERSON TO PURCHASE,
ATTEMPT TO PURCHASE OR POSSESS CIGARETTES OR OTHER TOBACCO PRODUCTS";
and
2.
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 18."
[R.O. 2008 § 215.660]
A.
No person or entity shall sell individual
packs of cigarettes or smokeless tobacco products unless such packs
satisfy one (1) of the following conditions prior to the time of sale:
[R.O. 2008 § 215.670]
A.
A person or entity 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 eighteen (18).
B.
The operator's or chauffeur's license issued
pursuant to the provisions of Section 302.177, RSMo., or the operator's
or chauffeur's license issued pursuant to the laws of any State or
possession of the United States to residents of those States or possessions,
or an identification card as provided for in Section 302.181, RSMo.,
or the identification card issued by any uniformed service of the
United States, or a valid passport shall be presented by the holder
thereof upon request of any agent of the Division of Alcohol and Tobacco
Control or any owner or employee of an establishment that sells tobacco
for the purpose of aiding the registrant, agent or employee to determine
whether or not the person is at least eighteen (18) years of age when
such person desires to purchase or possess tobacco products procured
from a registrant. Upon such presentation, the owner or employee of
the establishment shall compare the photograph and physical characteristics
noted on the license, identification card or passport with the physical
characteristics of the person presenting the license, identification
card or passport.
C.
Any person who shall, without authorization
from the Department of Revenue, reproduce, alter, modify or misrepresent
any chauffeur's license, motor vehicle operator's license or identification
card shall be deemed guilty of an ordinance violation.
D.
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 Subsections (A), (B) and (C) of Section 215.620 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 215.620 on any single day.