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.
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 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.
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 (D) of this Section. A determination of non-compliance may be made by a local law enforcement agency or the Division of Liquor 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 Liquor 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 210.750, 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.
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 Liquor 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 (1st) violation, the person is guilty of an infraction
and shall have any cigarettes or tobacco products confiscated;
2.
For a second (2nd) 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.
No person shall sell cigarettes or tobacco products unless the
person has a retail sales tax license.
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 (½) 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".
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:
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 Liquor 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 a misdemeanor and upon conviction shall be subject to a
fine of not more than one thousand dollars ($1,000.00), and confinement
for not more than one (1) year, or by both such fine and imprisonment.
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 210.720 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 210.720 on any single day.
[CC 1979 §83.010; Ord. No. 1994 §1, 3-2-1993]
A.
The following shall be offenses under the ordinances of this City and shall be punishable as provided in Section 210.820 of this Article.
1.
No person shall smoke in a public place or in a public meeting except
in a designated smoking area.
2.
No proprietor or other person in charge of a public place or public
meeting shall permit, cause, suffer or allow a person to smoke in
those areas where smoking in prohibited.
3.
No person shall smoke in or on any property or premises owned or
leased by the City of Sullivan for use as a playground, sports complex,
or playing field, including but not limited to all seating areas,
green space, concession stands, and restroom facilities.
[Ord. No. 3630 §2, 5-20-2014]
4.
Exceptions. The prohibitions of this Section shall
not apply to areas on City property designated for smoking.
[Ord. No. 3630 §2, 5-20-2014]
[CC 1979 §83.020; Ord. No. 1994 §1, 3-2-1993]
A.
The
person having custody or control of a public place or public meeting
shall:
1.
Make reasonable efforts to prevent smoking in the public place or
public meeting by posting appropriate signs indicating no-smoking
or smoking areas and arrange seating accordingly. Those signs shall
be placed at a height and location easily seen by a person entering
the public place or public meeting and not obscured in any way;
2.
Arrange seating and utilize available ventilation systems and physical
barriers to isolate designated smoking areas;
3.
Make a reasonable request of persons smoking to move to a designated
smoking area; and
4.
Allow smoking in designated areas of theater lobbies only.
[CC 1979 §83.030; Ord. No. 1994 §1, 3-2-1993]
A.
A "public place" is any enclosed indoor area used by the general
public or serving as a place of work including, but not limited to:
1.
Any retail or commercial establishment;
2.
Health care facilities, health clinics or ambulatory care facilities
including, but not limited to, laboratories associated with health
care treatment, hospitals, nursing homes, physicians' offices and
dentists' offices;
3.
Any vehicle used for public transportation including, but not limited
to, buses, taxicabs and limousines for hire;
4.
Restrooms;
5.
Elevators;
6.
Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries;
7.
All public areas and waiting rooms of public transportation facilities
including, but not limited to, bus and airport facilities;
8.
Any enclosed indoor place used for entertainment or recreation including,
but not limited to, gymnasiums, theater lobbies, concert halls, arenas
and swimming pools;
9.
Any other enclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls;
|
However, the following areas are not considered public places:
| ||
|
1.
|
An entire room or hall which is used for private social functions,
provided that the seating arrangements are under the control of the
sponsor of the function and not of the proprietor or other person
in charge;
| |
|
2.
|
Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicle;
| |
|
3.
|
Performers on the stage, provided that the smoking is part of
the production;
| |
|
4.
|
A place where more than fifty percent (50%) of the volume of
trade or business carried on is that of the blending of tobaccos or
sale of tobaccos, cigarettes, pipes, cigars or smoking sundries;
| |
|
5.
|
Any bar, any tavern, a restaurant which seats less than fifty
(50) people, any bowling alley or any billiard parlor, provided such
establishment conspicuously posts at least two (2) signs stating that
"Non-smoking Areas are Unavailable"; and
| |
|
6.
|
Private residences.
| |
[CC 1979 §83.040; Ord. No. 1994 §1, 3-2-1993]
As used in this Article, the following terms mean:
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere.
The agent of the proprietor authorized to give administrative
directions to and general supervision of the activities within the
public place, workplace or public meeting at any given time.
The party who ultimately controls, governs or directs the
activities within the public place, workplace or public meeting, regardless
of whether he/she is the owner or lessor of such place or site. The
term does not mean the owner of the property unless he/she ultimately
controls, governs or directs the activities within the public place
or public meeting. The term "proprietor" shall apply
to a corporation as well as to an individual.
A gathering in person of members of a governmental body,
whether an open or closed session, as defined in Chapter 610, RSMo.
Any building, structure or area used, maintained or advertised
in or held out to the public to be an enclosure where meals for consideration
of payment are made available to be consumed on the premises.
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
[CC 1979 §83.050; Ord. No. 1994 §1, 3-2-1993]
A.
A smoking
area may be designated by persons having custody or control of public
places, except in places which smoking is prohibited by the Fire Marshal
or by other law ordinance or regulation. No public place shall have
more than thirty percent (30%) of its entire space designated as a
smoking area.
1.
Restaurants. A proprietor or other person in charge
of a restaurant shall designate an area of sufficient size to accommodate
the usual and customary demand for non-smoking areas by customers
or patrons.
