[Ord. No. 1624 §I, 9-10-1997]
A.
Whereas,
after considerable discussion and consideration, the Mayor and City
Council of the City of Richmond, Missouri, expressly find and declare
that the Police powers of the City of Richmond, that in order to protect
the safety, health and welfare of the citizens of the City of Richmond,
Missouri, and other persons located therein, the following:
1.
Cigarette smoking is dangerous to human health;
2.
There exists substantial scientific evidence that the use of tobacco
and tobacco products causes cancer, heart disease, and various other
medical disorders and health risks;
3.
The Surgeon General of the United States has declared that nicotine
addiction from tobacco and tobacco products is similar to addiction
to cocaine and is the most widespread example of drug dependence in
this country;
4.
The Director of the National Institution on Drug Abuse has concluded
and published that the majority of the three hundred twenty thousand
(320,000) Americans who die each year from cigarette smoking became
addicted to nicotine as adolescents before the age of legal consent;
5.
The National Institute on Drug Abuse has found and published that
cigarette smoking precedes and may be predictive of adolescent illicit
drug usage;
6.
The present legislative scheme of prohibiting sales of tobacco and
tobacco products to persons under the age of eighteen (18) years of
age has proven ineffective in preventing such persons from using or
otherwise acquiring tobacco and/or tobacco products; and
7.
The enactment of this Article directly pertains to and is in furtherance
of the health, welfare and safety of the residents of the City of
Richmond in general and especially those residents who are under the
age of eighteen (18) years.
[Ord. No. 1624 §II, 9-10-1997]
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them:
Any substance containing tobacco leaf, including, but not
limited to: Cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, and all are tobacco related materials.
Any mechanical, electric or electronic, self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
[1]
Editor's Note — Ord. no. 1831 §I, adopted May 22,
2002, repealed sections 615.030 "license required", 615.040 "license
application", 615.050 "license fee" in their entirety. Former sections
615.030 — 615.050 derived from ord. no. 1624 §§III
— V, 9-10-97. At the editor's discretion, these sections have
been reserved for the city's future use.
[Ord. No. 1624 §VI, 9-10-1997]
A.
It
shall be unlawful for any person, including any licensee, to sell,
offer for sale, give away or otherwise deliver tobacco or tobacco
products to any person under the age of eighteen (18) years.
B.
Signs
informing the public of the age restrictions provided for herein shall
be posted by every licensee at or near every display of tobacco products
and on or upon every vending machine which offers tobacco or tobacco
products for sale or other distribution. The merchant may use signs
provided by the State or other similar agency or entity.
[Ord. No. 1624 §VII, 9-10-1997]
It shall be unlawful for any licensee or any officer, associate,
member, representative, agent or employee of such licensee to engage,
employ or permit any person under the age of sixteen (16) years to
sell tobacco products or otherwise distribute tobacco products in
any licensed premises.
[Ord. No. 1624 §VIII, 9-10-1997]
A.
It
shall be unlawful for any person under the age of eighteen (18) years
to purchase tobacco or tobacco products, or to misrepresent their
identity or age, or to use any false or altered identification for
the purpose of purchasing tobacco or tobacco products.
B.
Compliance Check Exemption. Exempt would be persons younger
than eighteen (18) years of age who are enlisted to test compliance
with this Article under the strict supervision of the City Police
and pursuant to the specific guidelines established by that department,
provided that the parents or legal guardians of such persons execute
a written consent form and a written release form. The original forms
shall be filed with the Chief of Police and copies shall be filed
with the City Administrator and the City Clerk.
[Ord. No. 1624 §IX, 9-10-1997]
It shall be unlawful for any person under the age of eighteen
(18) years to possess any tobacco products; provided that the possession
by a person under the age of eighteen (18) years under the direct
supervision of the parent or guardian of such person in the privacy
of the parent's or guardian's home shall not be prohibited.
[Ord. No. 1624 §X, 9-10-1997]
It shall be unlawful for any person to sell, offer for sale,
give away or otherwise deliver tobacco or tobacco products within
fifty (50) feet of any school property, property of any child care
facility, or other building used primarily for education or recreational
programs for persons under the age of eighteen (18) years.
[Ord. No. 1624 §XI, 9-10-1997]
It shall be unlawful for any licensee or any person in the business
of selling or otherwise distributing, promoting or advertising tobacco
products, or any employee or agent of any such licensee or person
in the course of such licensee's or person's business, to distribute,
give away or to otherwise deliver tobacco or tobacco products free
of charge to any person on any right-of-way, park, playground or other
property owned by the City of Richmond, any school district located
within the City of Richmond, any park district located within the
City of Richmond or any public library located within the City of
Richmond, and upon all real property owned by the City of Richmond,
Missouri.
[Ord. No. 1624 §XII, 9-10-1997]
A.
It
shall be unlawful for any licensee to sell, offer for sale, give away
or otherwise deliver or to keep with the intention of selling, giving
away or otherwise delivering tobacco or tobacco products by use of
a vending machine unless such vending machine is equipped with a manual,
electric or electronic locking device controlled by the licensee so
as to prevent its operation by persons under the age of eighteen (18)
years.
B.
Any premises where access by persons under the age of eighteen (18) years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of businesses located at such premises, shall be exempt from the requirements of this Subsection (A) above.
[Ord. No. 1624 §XIII, 9-10-1997]
Every act or omission of whatever nature, constituting a violation
of any of the provisions of this Article by any officer, director,
manager or other agent or employee of any licensee shall be deemed
and held to be the act of such licensee; and such licensee shall be
punishable in the same manner as if such act or omission had been
done or omitted by the licensee personally.
[Ord. No. 1624 §XIV, 9-10-1997]
A.
The
Mayor and the City Administrator shall be charged with the administration
of this Article. The Mayor or the City Administrator may administratively
suspend or revoke any license issued under the provisions of this
Article, if he/she determines that the licensee has violated any of
the provisions of this Article. In lieu of an administrative suspension
or revocation of a license, the Mayor or City Administrator may instead
levy an administrative fine on the licensee. The administrative fine
imposed shall not exceed two hundred fifty dollars ($250.00) for each
violation. Each day on which a violation continues shall constitute
a separate violation for which a separate fine shall be collected.
However, no such license shall be administratively suspended
or revoked and no licensee shall be administratively fined except
after a public hearing by the Mayor or City Administrator with a seven
(7) day written notice to the licensee affording the licensee an opportunity
to appear and defend against the administrative charges contained
in such notice. The seven (7) day notice provision shall begin the
date following delivery of the notice by certified mail, or by personal
service upon the person of the licensee or the business of the licensee.
For purposes of service, delivery at the place of business of the
licensee shall be deemed to be personal service. The fine and penalty
provided for herein is hereby deemed to be an administrative penalty
in addition to any and all other fines and penalties imposed herein
after the violation of the terms of this Article.
B.
The
Mayor or City Administrator shall within seven (7) days after such
hearing, if he/she determines after such hearing that the license
should be revoked or suspended, or that the licensee should be administratively
fined, state the reasons for such determination in a written order
and either the amount of the administrative fine, the period of suspension,
or that the license has been revoked and shall serve a copy of such
order within the seven (7) days upon the licensee.
C.
Any
licensee determined by the Mayor or City Administrator to have violated
any of the provisions of this Article shall pay to the City of Richmond
the costs of the administrative hearing before the Mayor or City Administrator
relating to such violation. The Mayor or City Administrator shall
determine the costs incurred by the City of Richmond for such administrative
hearing, including but not limited to: Court reporter's fees, the
costs of the transcripts and records, attorneys' fees, the costs of
preparing and mailing notices and orders, and all other miscellaneous
expenses incurred by the City of Richmond, or such lesser sum as the
Mayor or the City Administrator may allow.
D.
The
licensee shall pay said costs to the City of Richmond within thirty
(30) days of notification of the costs by the Mayor or City Administrator.
Failure to pay said costs and/or any administrative fines imposed
within thirty (30) days of notification is a violation of this Article
and may cause and shall constitute good and sufficient cause for immediate
license suspension and/or revocation until such time as all funds
due and owing to the City of Richmond have been satisfied and paid
in full by the licensee.
[Ord. No. 1624 §XV, 9-10-1997]
When any license shall have been revoked for any cause, no license
shall be granted to said licensee for the period of six (6) months
thereafter for the conduct of the business of selling, giving away
or otherwise distributing tobacco or tobacco products as defined in
this Article in the premises described in such revoked license.
[Ord. No. 1624 §XVI, 9-10-1997]
A.
In
addition to the other responsibilities of the licensees under this
Article, each licensee shall insure that all sales or other distribution
of cigarettes, cigarette tobacco and tobacco products, or smokeless
tobacco, or tobacco in any form to any person shall comply with the
following requirements:
1.
No licensee or his/her agent or employee may sell or otherwise distribute
tobacco or tobacco products to any person younger than the age of
eighteen (18) years;
2.
Each licensee including his/her agent or employee shall verify, by
means of photographic identification containing the bearer's date
of birth, that no person purchasing tobacco or tobacco products is
younger than eighteen (18) years of age;
3.
The verification required in Subsection (B) above shall not be required
from any person who appears to be over the age of twenty-six (26)
years of age;
4.
Each licensee and/or his/her agents or employees shall insure that
all self-service displays, advertising, labeling and other items that
are located in the licensee's establishment or business and that do
not comply with the requirements of this Article are removed or are
brought into compliance with the requirements of this Article; and
5.
Each licensee and his/her agents shall ensure that all of his/her
agents or employees are made aware of the provisions of this Article
and shall ensure that all of his/her agents or employees comply with
the provisions of this Article.
[Ord. No. 1624 §XVII, 9-10-1997]
A.
Violation
of any of the terms and conditions of this Article shall be a misdemeanor
for which the authorized range of punishment for any person convicted
of knowingly violating any of the provisions of this Article shall
be as follows:
1.
A fine of from one dollar ($1.00) to five hundred dollars ($500.00)
and/or one (1) day to three (3) months in the Ray County Correctional
Facility; or any combination of said fine and/or imprisonment; and
further, that the person so convicted of any offense hereunder shall
bear all costs related to any imprisonment imposed hereby and hereunder.
[Ord. No. 2077 §I, 3-12-2008]
There is hereby continued and reimposed a municipal cigarette
tax on sellers of cigarettes within the City limits in the amount
of four cents ($0.04) per pack of cigarettes to be remitted to the
City Collector.
