[R.O. 2009 § 205.600; Ord. No. 4008, 1-23-2020[1]]
For purposes of this Article, the
following definitions shall apply:
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any 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.
A conveyance to the public by sale, barter, gift, or sample.
A person under the age of eighteen (18).
A bottle or other container of liquid or other substance
containing nicotine if the liquid or substance is sold, marketed,
or intended for use in a vapor product. A nicotine liquid container
shall not include a liquid or other substance containing nicotine
in a cartridge that is sold, marketed, or intended for use in a vapor
product, provided that such cartridge is prefilled and sealed by the
manufacturer and not intended to be opened by the consumer.
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.
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, alternative nicotine product, or vapor product samples.
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.
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 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 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.
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.
[1]
Editor's Note: Ord. No. 4008 also changed
the title of this Section from "Unlawful To Sell or Distribute Tobacco
Products To Minors — Vending Machine Requirements" to "Unlawful
To Sell or Distribute Tobacco Products To Persons Under Twenty-One
(21) Years Of Age — Vending Machine Requirements."
[R.O. 2009 § 205.610]
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, alternative nicotine product, or vapor 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 (D) 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, alternative nicotine
products, or vapor products to any person under 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.
E.
Any owner of the establishment where tobacco products, alternative nicotine products, or vapor 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 and any person under twenty-one (21) years of age.
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 product,
alternative nicotine product, or vapor product to minors and any person
under twenty-one (21) years of age; 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:
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 205.2060, 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, or vapor product to any individual less than twenty-one (21) 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 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.
[R.O. 2009 § 205.620]
A.
No minor shall purchase, attempt to purchase,
or possess tobacco products, alternative nicotine products, or vapor
products unless such person is an employee of a seller of 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 minor shall not misrepresent his/her
age to purchase 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 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
tobacco products, alternative nicotine products, or vapor products
confiscated, and shall complete a tobacco education or smoking cessation
program, if available.
A.
No person, either directly or indirectly
by an agent or employee, or by a vending machine owned by the person
or located in the person's establishment, shall sell, offer to sell,
give, or furnish any tobacco products, vapor products, or alternative
nicotine products or any component thereof to any individual less
than twenty-one (21) years of age.
B.
Any person or entity who sells or distributes tobacco products, alternative nicotine products, or vapor products by mail or through the internet in this State in violation of Subsection (A) shall be assessed a fine of two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for each subsequent violation.
C.
Alternative nicotine products and vapor
products shall only be sold to persons twenty-one (21) years of age
or older and shall be subject to local and state sales tax but shall
not be otherwise taxed or regulated as tobacco products.
D.
Nicotine Liquid Containers — Regulations.
1.
Any nicotine liquid container that
is sold at retail in this state shall satisfy the child-resistant
effectiveness standards set forth in 16 CFR 1700.15(b) as in effect
on the effective date of this Section when tested in accordance with
the method described in 16 CFR 1700.20 as in effect on the effective
date of this Section.
2.
Any person who engages in retail
sales of liquid nicotine containers in this State in violation of
this Subsection shall be assessed a fine of two hundred fifty dollars
($250.00) for the first violation and five hundred ($500.00) for each
subsequent violation.
3.
The provisions of this Subsection
and any rules adopted hereunder shall be null, void, and of no force
and effect upon the effective date of the final regulations issued
by the Federal Food and Drug Administration or from any other Federal
agency if such regulations mandate child-resistant effectiveness standards
for nicotine liquid containers.
E.
Before selling, offering for sale, giving,
or furnishing any vapor products or alternative nicotine products
to another person, the person selling, offering for sale, giving or
furnishing the vapor products or alternative nicotine products shall
verify that the person is not under the age of twenty-one (21) by
examining from any person that appears to be under twenty-seven (27)
years of age a Government-issued photographic identification that
establishes the person is at least twenty-one (21) years of age.
F.
No minor shall possess or buy any vapor
products or alternative nicotine products or in the furtherance or
facilitation of obtaining any vapor products or alternative nicotine
products shall display or use a false or forged identification card
or transfer, alter, or deface an identification card.
G.
It is not a violation of this Section for
a minor to purchase or possess vapor products or alternative nicotine
products if the minor purchases or is given the vapor products or
alternative nicotine products from a retail seller of vapor products
or alternative nicotine products or an employee of the retail seller
pursuant to a plan or action to investigate, patrol, or otherwise
conduct a sting operation or enforcement action against a retail seller
of any vapor products or alternative nicotine products or a person
employed by a retail seller of vapor products or alternative nicotine
products, or on any premises authorized to sell vapor products or
alternative nicotine products to determine if vapor products or alternative
nicotine products are being sold or given to minors or persons under
the age of twenty-one (21), if the sting operation or enforcement
action is approved by an authorized Law Enforcement Agency.
[1]
Editor's Note: Ord. No. 4008 also changed
the title of this Section from "Unlawful To Sell or Distribute Tobacco
Products To Minors — Vending Machine Requirements" to "Unlawful
To Sell or Distribute Tobacco Products To Persons Under Twenty-One
(21) Years Of Age — Vending Machine Requirements."
[R.O. 2009 § 205.630]
No person shall sell tobacco products,
alternative nicotine products, or vapor products unless the person
has a retail sales tax license.
[R.O. 2009 § 205.640; Ord. No. 4008, 1-23-2020[1]]
A.
The owner of an establishment at which
tobacco products, alternative nicotine products, or vapor products
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:
1.
Contain in red lettering at least
one-half (1/2) inch high on a white background the following:
"IT IS A VIOLATION OF FEDERAL LAW,
STATE LAW, AND/OR FENTON ORDINANCE FOR CIGARETTES, VAPOR PRODUCTS,
ALTERNATIVE NICOTINE PRODUCTS, OR OTHER TOBACCO PRODUCTS TO BE SOLD
OR OTHERWISE PROVIDED TO ANY PERSON UNDER THE AGE OF TWENTY-ONE (21)
OR FOR A MINOR TO PURCHASE, ATTEMPT TO PURCHASE, OR POSSESS CIGARETTES,
VAPOR PRODUCTS, ALTERNATVE NICOTINE PRODUCTS, 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 21."
[1]
Editor's Note: Ord. No. 4008 also changed
the title of this Section from "Unlawful To Sell or Distribute Tobacco
Products To Minors — Vending Machine Requirements" to "Unlawful
To Sell or Distribute Tobacco Products To Persons Under Twenty-One
(21) Years Of Age — Vending Machine Requirements."
[R.O. 2009 § 205.650]
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. 2009 § 205.660; Ord. No. 4008, 1-23-2020]
A.
A person or entity selling tobacco products,
alternative nicotine products, vapor products or rolling papers or
distributing tobacco product, alternative nicotine products, or vapor
products 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
products, 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 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 205.2020. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 205.2020 on any single day.
[R.O. 2009 § 205.670; R.O. 2006
§ 230.020; Ord. No. 1240 § 1, 5-15-1989, Ord. No. 1558 § 1, 1-22-1992; Ord. No. 1598 § 1, 5-18-1992; Ord. No. 1671 § 1, 4-19-1993; Ord. No. 1722 § 1, 12-21-1993; Ord. No. 2166 § 1, 7-20-1998]
A.
The use/consumption of tobacco products
is prohibited at all times in all City owned and leased facilities
and other City-designated outdoor areas with the exception of the
Maintenance Facility's one-bay area. This prohibition includes the
foyer and hallway areas of all these buildings.
B.
Persons found guilty of violation of this
Section shall be punished by a fine not to exceed fifty dollars ($50.00)
per incident.
