[R.O. 2011 § 215.1580; R.O. 2009
§ 96.04; CC 1981 § 14-5; Ord. No. 79-15, 2-14-1979]
It shall be unlawful for any person to smoke or to carry any lighted or burning tobacco in any form onto any elevator used by the general public. Any person who shall violate the provisions of this Section upon conviction shall be punished as provided in Section
100.150.
[R.O. 2011 § 215.1620]
For purposes of this Division, 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.
[Ord. No. 15-121§ 2, 6-2-2015]
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, alternative nicotine product, or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
[Ord. No. 15-121§ 2, 6-2-2015]
SAMPLING
The distribution to members of the general public of tobacco
product, alternative nicotine product, or vapor product samples.
[Ord. No. 15-121§ 2, 6-2-2015]
TOBACCO PRODUCTS
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, but does not include alternative nicotine products
or vapor products.
[Ord. No. 15-121§ 2, 6-2-2015]
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
Vapor product includes 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 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 product does not include any alternative
nicotine product or tobacco product.
[Ord. No. 15-121§ 2, 6-2-2015]
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, alternative nicotine products, or vapor
products.
[Ord. No. 15-121§ 2, 6-2-2015]
[R.O. 2011 § 215.1640; Ord. No. 15-121 § 2, 6-2-2015]
A. No person less than eighteen (18) 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 eighteen (18) 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.
[R.O. 2011 § 215.1650; Ord. No. 15-121 § 2, 6-2-2015]
No person shall sell cigarettes,
tobacco products, alternative nicotine products or vapor products
unless the person has a retail sales tax license.
[R.O. 2011 § 215.1660; Ord. No. 15-121 § 2, 6-2-2015]
A. The owner of an establishment at which
tobacco products, alternative nicotine products or vapor 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, alternative nicotine products
or vapor 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 (½) inch high on a white background the following:
"IT IS A VIOLATION OF STATE LAW FOR
CIGARETTES, OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS,
OR VAPOR 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, OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE
PRODUCTS, OR VAPOR 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."