- 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. 4523-16 §1, 12-21-2016]
- CENTER OF YOUTH ACTIVITIES
- Any playground, school or other facility, when such facility is being used primarily by persons under the age of eighteen (18) for recreational, educational or other purposes.
- A conveyance to the public by sale, barter, gift or sample.
- A person under the age of eighteen (18).
- The city, village or town within which tobacco products are sold or distributed or, in the case of tobacco products that are not sold or distributed within a city, village or town, the county in which they are sold or distributed.
- An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government, or any other legal entity which is recognized by law as the subject of rights and duties.
- 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 smokable 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.
- TOBACCO PRODUCTS
- Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
- 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. 4523-16 §1, 12-21-2016]
- 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. 4523-16 §1, 12-21-2016]
No person less than eighteen (18) years of age shall purchase, attempt to purchase or possess cigarettes, other tobacco products, alternative nicotine products, vapor products, or rolling papers 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.
Any person less than eighteen (18) years of age shall not misrepresent his or her age to purchase cigarettes, tobacco products, alternative nicotine products, vapor products, or rolling papers.
Any person who violates the provisions of this Section shall be penalized as follows:
For the first violation, the person is guilty of an infraction and shall have any cigarettes, tobacco products, alternative nicotine products, vapor products, or rolling papers confiscated.
For a second violation and any subsequent violations, the person is guilty of an infraction, shall have any cigarettes, tobacco products, alternative nicotine products, vapor products, or rolling papers confiscated and shall complete a tobacco education or smoking cessation program, if available.
[Ord. No. 4523-16 §1, 12-21-2016]
No person shall sell cigarettes, tobacco products, alternative nicotine products, vapor products, or rolling papers unless the person has a retail sales tax license.
The owner of an establishment at which tobacco products, alternative nicotine products, 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, alternative nicotine products, or vapor 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 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
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."
Editor's Note: Ord. No. 4523-16 also changed the title of this Section from "Required Sign Stating Violation of State Law To Sell Tobacco To Minors Under Age Eighteen — Display of Sign Required On Tobacco Displays and Vending Machines" to "Retail Sales Tax License Required For Sale of Tobacco Products, Alternative Nicotine Products, Vapor Products or Rolling Papers — Display Sign Required Where."
[Ord. No. 4523-16 §1, 12-21-2016]
A person or entity selling tobacco products, alternative nicotine products, 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 eighteen (18) years.
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, vapor products, or rolling papers for the purpose of aiding the agent, owner 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, alternative nicotine products, vapor products, or rolling papers. 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.
No person 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.
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 215.940 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 215.940 on any single day.
[Ord. No. 4523-16 §1, 12-21-2016]
It shall be unlawful for any person to sell, provide or distribute tobacco products, alternative nicotine products, vapor products, or rolling papers to persons under eighteen (18) years of age.
All vending machines that dispense tobacco products, alternative nicotine products, vapor products, or rolling papers 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, alternative nicotine product, vapor product, or rolling papers 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 are 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.
No person or entity shall sell, provide or distribute any tobacco product, alternative nicotine product, or vapor 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.
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 215.940 of this Article shall be penalized as follows:
Any owner of the establishment where tobacco products, alternative nicotine products, vapor products, or rolling papers 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:
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;
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
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.
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, vapor products, or rolling papers are available for sale if:
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 operated in violation of Section 215.940, 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.
A person cited for selling, providing or distributing any tobacco product, alternative nicotine product or vapor product to any individual less than eighteen (18) 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 eighteen (18) years of age or older.
Editor's Note: Ord. No. 4523-16 also changed the title of this Section from "Unlawful To Sell or Distribute Tobacco Products To Minors, Failure To Display Required Sign, Penalties — What Persons Are Liable — Family Members Exempt, When" to "Unlawful To Sell or Distribute Tobacco Products, Alternative Nicotine Products, Vapor Products, or Rolling Papers To Minors - Vending Machine Requirements."
[Ord. No. 4523-16 §1, 12-21-2016]
No person or entity shall sell individual packs of cigarettes, alternative nicotine products, vapor products, rolling papers, or smokeless tobacco products unless such packs satisfy one (1) of the following conditions prior to the time of sale:
[Ord. No. 4130-11 §2, 1-19-2011]
Definitions. As used in this Section, the following terms shall mean as follows:
- A sole proprietorship, partnership, joint venture, corporation or other business entity, either for profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered and private clubs.
- The City of Hazelwood, Missouri.
- DIRECTOR OF REVENUE
- The Director of Revenue of St Louis County.
- DRINKING ESTABLISHMENT
- Any business with a valid license issued by the City to sell intoxicating liquor by the drink or to sell beer and light wine by the drink whose on-site sales of food for consumption on the premises comprises no more than twenty-five percent (25%) of gross sales of food and both alcoholic and non-alcoholic beverages on an annual basis.
- Any person who performs services for an employer with or without compensation.
- A person, partnership, association, corporation, trust or other organized group of individuals, including the City and County or any agency thereof, which utilizes the services of at least one (1) employee.
- ENCLOSED AREA
- A space bound by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms, all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and hallways.
- PERMANENTLY DESIGNATED SMOKING ROOM
- A hotel or motel room that may be designated as a smoking room, with such designation being changeable only one (1) time a year.
- PLACE OF EMPLOYMENT
- Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care, respite care or health care facility.
- PRIVATE CLUB
- A not-for-profit organization incorporated under the laws of the State of Missouri for fraternal or social purposes or for a congressionally chartered veterans' organization, which has a defined membership and restricts admission to members of the club and their guests. Private club shall not include an establishment that is generally open to members of the general public upon payment of a fee. A private club shall not be considered a "public place" except when it is the site of a meeting, event or activity that is open to the public.
- PUBLIC PLACE
- Any enclosed or other area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, reception areas, health facilities, laundering facilities, public transportation facilities, production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, respite care or health care facility.
- An eating establishment, including, but not limited to coffee shops, cafeterias, sandwich stands and private and public school cafeterias, which provides food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar and lounge area within the restaurant.
- SERVICE LINE
- Any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
- SHOPPING MALL
- An enclosed public walkway or hall area that serves to connect retail or professional establishments.
- Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or other tobacco product.
- SPORTS ARENA
- Sports pavilions, gymnasiums, health spas, boxing arenas, outdoor and indoor swimming pools, outdoor athletic fields, outdoor and indoor roller and ice skating rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sporting events.
Prohibition Of Smoking In Enclosed Places Of Employment And Other Public Places.
It shall be unlawful for any person to possess lighted or heated smoking materials in any form, including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes or other tobacco products, within an enclosed place of employment.
It shall be unlawful for any person to possess lighted or heated smoking materials in any form, including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes or other tobacco products within an enclosed public place or within any other places hereinafter specified:
In any public building or vehicle owned or operated by the City.
Elevators in public buildings.
Restrooms in public buildings.
Libraries, educational facilities, child care and adult day care facilities, respite care facilities, museums, auditoriums, aquariums and art galleries.
Any health care facility, health clinic or ambulatory care facilities, including, but not limited to: laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices.
Any indoor place of entertainment or recreation including, but not limited to, gymnasiums, theaters, concert halls, bingo halls, arenas and swimming pools.
Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance.
Shopping malls or retail establishments.
Indoor and outdoor sports arenas.
Restaurants, including lounge and bar areas except outdoor dining areas which are not "enclosed areas" as defined in this Section.
All indoor public areas and waiting rooms of public transportation facilities, including, but not limited to, bus and mass transportation facilities.
Any other area used by the public or serving as a place of work.
Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including, but not limited to, joint committees, or agencies of the City or County or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.
Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.
Sidewalks, driveways and other open areas within fifteen (15) feet of the entry to any building owned or occupied by any governmental entity, or within fifteen (15) feet of the entry to any building open to the public; provided however, that this entryway prohibition shall not apply within outside dining areas where smoking is permitted or to entries that are located less than fifty (50) feet from another public entry.
It shall be unlawful to dispose of smoking waste, or to place or maintain a receptacle for smoking waste, in an area in which smoking is prohibited under this Chapter.
Responsibilities Of Proprietors, Owners And Managers.
It shall be unlawful for any person having control of a place listed in this Section to knowingly permit, cause, suffer or allow any person to violate the provisions of this Section. It shall be an affirmative defense to an alleged violation of this Subsection that the person having control of a place has asked that the lighted or heated cigarette, cigar, pipe or other tobacco product be extinguished and asked the person to leave the establishment if that person has failed or refused to extinguish the lighted or heated cigarette, cigar, pipe or other tobacco product.
A person having control of a place shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances where smoking is prohibited pursuant to this Chapter. Such signage shall consist of letters not less than one (1) inch in height.
It shall be the responsibility of employers to provide smoke-free workplaces for all employees.
All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
Declaration Of Establishment As Non-Smoking. Notwithstanding any other provision of this Section, an owner, operator, manager, other person in control of an establishment, facility, or outdoor area may declare that the entire establishment, facility or outdoor area as a non-smoking place. No person shall smoke in places so declared and posted with signs pursuant to this Section.
Exceptions. Notwithstanding any other provision of this Section to the contrary, the following shall not be subject to the smoking restrictions of this Section:
Private residences, not serving as enclosed places of employment or enclosed public places;
Performers on stage in a theatrical production, where smoking is required as a part of the production;
Private and semi-private rooms in nursing homes and long-term care facilities, the residents of which are all smokers and have all requested the management of the facility to be placed in a room where smoking is permitted;
Retail establishments in which food is not prepared on the premises and where more than sixty percent (60%) of the volume of trade or business carried on is the sale of tobacco and tobacco- related products;
Permanently designated smoking rooms, not to exceed twenty percent (20%) of the guest rooms;
Cigar bars, provided the entity is in operation on or before the effective date of this Section, and provided further, that smoke does not infiltrate into areas where smoking is otherwise prohibited;
Drinking establishments which are in operation on or before the effective date of this Section; provided however, that no smoke infiltrates into areas where smoking is otherwise prohibited, and further provided that each such drinking establishment has posted in a place visible to the public from its exterior a certificate of exemption issued by the St Louis County Department of Revenue pursuant to the County Indoor Clean Air Code. A copy of such exemption shall also be provided to the City Clerk.
Section Not To Preclude More Extensive Prohibitions By Proprietors, Owners Or Managers. Nothing in this Section shall be construed or applied in such a manner as to interfere with or prohibit a property owner, business operator or public entity, including the City, from more broadly prohibiting smoking on or about their property or from prohibiting smoking in areas, at times, or under conditions which do not fall within the prohibitions established by this Section or the County Indoor Clean Air Act.
Notice To License Applicants. Notice of the provisions of this Section shall be given to all applicants for licenses issued by the City pertaining to the use of property for business or commercial purposes to which the public will be invited or permitted.
Certificates Of Exception To Qualified Drinking Establishments. The owner or operator of a drinking establishment which seeks a smoking exemption shall first obtain and file with the City Clerk a copy of a current certificate issued by the Director of Revenue attesting that the establishment satisfies the criteria for such exemption. No exemption shall be granted to any establishment not having and maintaining a valid exemption certificate from St. Louis County.
Enforcement. The Police Department and its authorized representatives shall enforce this Section. Nothing herein shall be construed to limit the authority of the Fire Marshal neither to designate additional locations in which smoking shall be prohibited nor to repeal any order of the Fire Marshal prohibiting smoking in any location.