[Ord. No. 3521, 8-17-2022]
For purposes of this Article, the following definitions shall
apply:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter
V of the Food, Drug, and Cosmetic Act.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
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.
VAPOR PRODUCTS
Any non-combustible product with or without nicotine that
employs a heating element, power source, electronic circuit, or other
electronic, chemical or mechanical means, regardless of shape or size
which can be used to produce vapor or aerosol with or without nicotine
in a solution or other form. Vapor products include any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device and any vapor cartridge or other container
of nicotine in a liquid solution or other form that is intended to
be used with or in an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, or similar product or device. Vapor products
do not include any alternative nicotine product or tobacco product.
Vapor products do not include drugs, devices or combination products
authorized for sale as a cessation device by the U.S. Food and Drug
Administration, as defined in the Federal Food, Drug and Cosmetic
Act.
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.
[Ord. No. 3521, 8-17-2022]
A. It shall be unlawful for any person to sell, provide or distribute
tobacco products, alternative nicotine products, or vapor products
to persons under twenty-one (21) years of age.
B. All vending machines that dispense tobacco products, alternative nicotine products, or vapor products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than twenty-one (21) 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 twenty-one (21) 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, alternative nicotine product, vapor product, or rolling papers
to any person less than twenty-one (21) years of age 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. Any person, including, but not limited to, a sales clerk, owner or operator, who violates Subsection
(A),
(B) or
(C) of this Section or Section
210.650 of this Article shall be penalized as follows:
1.
For the first offense, twenty-five dollars ($25.00);
2.
For the second offense, one hundred dollars ($100.00); and
3.
For a third and subsequent offense, two hundred fifty dollars
($250.00).
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 sales of tobacco products, alternative
nicotine products, or vapor products to minors. Such training program
must be attended by all employees who sell tobacco products, alternative
nicotine products, or vapor 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 products, alternative nicotine products,
or vapor products 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, alternative nicotine products, or vapor products are available for sale if:
1.
Four (4) or more violations per location of Subsection
(C) of this Section occur within a one (1) year period; or
2.
Such person knowingly violates or knowingly allows his/her employees to violate Subsection
(C) of this Section.
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
210.650, 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, alternative nicotine product, vapor product to any individual less than twenty-one (21) years of age in violation of Subsection
(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 such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was twenty-one (21) 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.
[Ord. No. 3521, 8-17-2022]
A. No person less than twenty-one (21) years of age shall purchase,
attempt to purchase or possess cigarettes, other tobacco products,
alternative nicotine products, or vapor products unless such person
is an employee of a seller of cigarettes, tobacco products, alternative
nicotine products, or vapor 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 twenty-one (21) years of age shall not misrepresent
his/her age to purchase cigarettes, tobacco products, alternative
nicotine products or vapor 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, tobacco products, alternative nicotine
products, or vapor products confiscated;
2.
For a second violation and any subsequent violations, the person
is guilty of an infraction, shall have any cigarettes, tobacco products,
alternative nicotine products, or vapor products confiscated and shall
complete a tobacco education or smoking cessation program, if available.
No person shall sell cigarettes or tobacco products unless the
person has a retail sales tax license.
[Ord. No. 3521, 8-17-2022]
A. A person or entity selling tobacco products, alternative nicotine
products, or vapor products, or rolling papers or distributing tobacco
product, alternative nicotine product, or vapor 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).
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, alternative nicotine
products, or vapor products, for the purpose of aiding the registrant,
agent or employee to determine whether or not the person is at least
twenty-one (21) years of age when such person desires to purchase
or possess tobacco products, alternative nicotine products, or vapor
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 a misdemeanor.
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
210.620 of this Article. No person shall be liable for more than one violation of Subsections
(B) and
(C) of Section
210.620 on any single day.