[Ord. No. 680 §1, 11-20-2000]
A.
It
shall be unlawful for any person to give, barter, sell, cause to be
sold, buy for, distribute samples of or furnish tobacco in any of
its forms, or cigarette papers, to any person under eighteen (18)
years of age.
B.
It
shall be unlawful for any individual under the age of eighteen (18)
years to purchase, possess, accept receipt of or attempt to purchase
or accept receipt of tobacco products, or to be present or offer to
any person purported proof of age which is false, fraudulent or not
actually his or her own for the purpose of purchasing, possessing
or receiving any tobacco product.
[Ord. No. 680 §1, 11-20-2000]
A.
It
shall be unlawful for any person to give, barter, sell, cause to be
sold, distribute, furnish or permit the sale or distribution of tobacco
in any of its forms, or cigarette papers, unless the premises upon
which the tobacco or cigarette papers are sold or distributed prominently
displays a sign which shall contain in red lettering at least one-half
(½) inch high on white background:
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IT IS A VIOLATION OF THE LAW:
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1.
FOR ANY PERSON UNDER THE AGE OF 18 TO PURCHASE OR IN ANY WAY RECEIVE
CIGARETTES OR TOBACCO IN ANY OF ITS FORMS OR CIGARETTE PAPERS OR TO
REPRESENT THAT HE OR SHE IS 18 YEARS OF AGE FOR THE PURPOSE OF SAID
PURCHASE OR RECEIPT.
2.
FOR ANY PERSON TO SELL OR FURNISH CIGARETTES OR TOBACCO IN ANY OF
ITS FORMS OR CIGARETTE PAPERS TO ANY PERSON UNDER THE AGE OF 18.
[Ord. No. 680 §1, 11-20-2000]
It shall be unlawful for any person to smoke or carry any lighted
cigarettes, cigars, pipes or other tobacco products inside or on school
property within three hundred (300) feet of any elementary, middle
or secondary school building, including both public and private school
buildings, except at adult-oriented functions which take place in
a gymnasium, cafeteria or other assembly hall on Saturdays, Sundays
or holidays or at least one (1) hour after student activities have
ended on Monday through Friday; provided however, that the prohibition
of smoking on school property within three hundred (300) feet of a
school building shall not apply to non-students over the age of eighteen
(18).
[Ord. No. 680 §1, 11-20-2000]
It shall be unlawful for any person to smoke any cigarettes,
cigars, pipes or other tobacco products inside any day care center,
in any area or room in which child care or senior care is provided,
during the hours of operation of the day care center.
[Ord. No. 680 §1, 11-20-2000]
[Ord. No. 680 §1, 11-20-2000]
The following specific definitions apply to Sections 603.010 through 603.370:
The City of St. John, a municipal corporation.
The entirety of any house or other building in any part of
which care is provided for any part of the twenty-four (24) hour day
for five (5) or more children who do not live on the premises including,
but not limited to, all day care homes licensed by the State of Missouri.
Day care center also pertains to the Home Heights Elder Care Center
located in the St. John Municipal Center.
A driver's license or other documentary or written evidence
that the individual is eighteen (18) years of age or older.
A tobacco product distributed to members of the general public
in a public place.
The distribution of samples to members of the general public
in a public place.
The entirety of any building in any part of which student
education or school-sponsored student recreation, assembly or activity
takes place.
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.
[Ord. No. 680 §1, 11-20-2000]
A.
No
person shall sell tobacco products unless the person is authorized
to do so by a license issued by the City of St. John or is an employee
or agent of a person who has been issued a license by the City of
St. John. For the purposes of this Section, the person deemed to sell
tobacco products through a vending machine is the owner where said
machine is located. The prohibition of this Subsection shall not apply
to a manufacturer of tobacco products or a wholesaler of tobacco products.
B.
The
annual license fee for the retail sale of tobacco products is as follows:
1.
One hundred twenty-five dollars ($125.00) for each retail establishment
where tobacco products are sold other than by vending machine. A separate
license shall be required for each such retail establishment.
2.
One hundred twenty-five dollars ($125.00) for each retail establishment
where tobacco products are sold other than by vending machine, provided
said tobacco products are kept for sale behind a counter not accessible
to the general public, and are available for purchase only through
an employee of said retail establishment, and further provided that
said retail establishment has annual gross receipts of fifty thousand
dollars ($50,000.00) or less on all merchandise sold at said retail
establishment.
3.
Twenty-five dollars ($25.00) for each vending machine. A separate
license shall be required for each vending machine through which tobacco
products are sold.
C.
A license
for the sale of tobacco products shall be valid for a term of one
(1) calendar year. Application for renewal of licenses for the sale
of tobacco products must be filed on or before the last day of February
of each calendar year in conjunction with the annual business license.
D.
Every
application for a license under this Section shall be made in writing
upon a form provided by the City of St. John and shall set forth the
name under which the applicant transacts or intends to transact business,
the location of the place of business or vending machine for which
the license is to be issued, and any other identifying information
that the City of St. John may require. Nothing in this Section precludes
the owner of a vending machine from obtaining and completing the retail
license application for the owner of the business establishment in
which the vending machine is to be located. However, in such a case,
the owner of the business establishment in which the vending machine
is to be located is the retail licensee and must sign the application
and is subject to all obligations, requirements, penalties and conditions
of said licensees imposed by this Chapter.
E.
Every
license for sale of tobacco products issued by the City of St. John
shall be renewed upon application except as otherwise provided in
this Section. Upon notification of a change of ownership, the new
owner must apply for a license. No license is transferable.
F.
The City of St. John shall issue a license or renewal of a license within thirty (30) days of receiving a properly completed application and the applicable license fee. A license or renewal thereof shall not be withheld or denied except pursuant to Section 603.080; provided however, that no license shall be issued for the sale of tobacco products through a vending machine unless the applicant certifies compliance with the restrictions set forth in Section 603.100 with respect to the machine for which the license is requested. No terms or conditions shall be imposed for the issuance, maintenance or renewal of a license except as specified in this Section.
[Ord. No. 680 §1, 11-20-2000]
A.
The
City Manager of the City of St. John or his designate representative
shall have the power to suspend or revoke any license issued pursuant
to this Code for the reasons set forth herein.
B.
No
license shall be suspended or revoked until the licensee has been
afforded an opportunity for a hearing before the City Manager of the
City of St. John or his designate representative after notice of at
least ten (10) days.
C.
Notice
shall be served either personally or by first class mail, postage
pre-paid, to the licensee's address of record and shall state the
date, time and place of hearing and set forth the charges against
the licensee.
D.
A licensee
shall have the opportunity to present evidence and/or witnesses before
the City Manager of the City of St. John or his designate representative
in person or by counsel. A record of the hearing shall be made. The
City Manager of the City of St. John or his designate representative
shall issue a decision in writing denying or compelling suspension
or revocation within ten (10) days of the conclusion of the hearing.
E.
A license issued under Section 603.070 for a particular place of business or vending machine shall be suspended or revoked, and not renewed, for a period of:
1.
Seven (7) business days upon a determination by the City Manager of the City of St. John or his designate representative that there has been a second (2nd) violation of either Section 603.010(A) or Sections 603.080 to 603.100 involving the same place of business or vending machine location within two (2) years; or
2.
Thirty (30) business days upon a determination by the City Manager of the City of St. John or his designate representative that there has been a third (3rd) violation of either Section 603.070(A) or Sections 603.080 to 603.100 involving the same place of business or vending machine location within two (2) years; or
3.
One hundred twenty (120) days upon a determination by the City Manager of the City of St. John or his designate representative that there has been a fourth (4th) violation of either Section 603.010(A) or Sections 603.080 to 603.110 involving the same place of business or vending machine location within two (2) years.
[Ord. No. 680 §1, 11-20-2000]
A person selling or distributing tobacco products shall require
proof of age from any prospective purchaser or recipient unless such
person has reasonable and certain knowledge that the prospective purchaser
or recipient is eighteen (18) years of age or older.
[Ord. No. 680 §1, 11-20-2000]
A.
No
person shall sell tobacco products in the City of St. John through
a vending machine unless the vending machine is located:
1.
In areas of factories, business, offices or other places that are
not open to the public;
2.
In places that are open to the public but to which persons under
the age of eighteen (18) years are denied access;
3.
In other places, but only if the machine:
a.
Is under the continuous active supervision of the owner or lessee
of the premises or an employee thereof; or
b.
Can be operated only by the activation of an electronic switch by
the owner or lessee of the premises or an employee thereof prior to
such purchase; and
c.
Is inaccessible to the public when the establishment is closed.
4.
In any place where continuous active supervision of a vending machine,
or activation of an electronic switch, is required by Subsection (C)
of this Section, the person responsible for that supervision or the
activation of the switch shall demand proof of age from a prospective
purchaser unless such person has reasonable and certain knowledge
to believe that the prospective purchaser is eighteen (18) years of
age or older.
[Ord. No. 680 §1, 11-20-2000]
A.
If
a sale is made in violation of this Chapter by an employee of the
owner of a retail establishment at which tobacco products are sold,
both the employee and the owner shall be guilty of the violation and
be subject to the fine. If the sale is made through a vending machine,
the owner of the establishment where the machine is located shall
be guilty of the violation and be subject to the fine; provided however,
that if the proprietor has made an employee responsible for supervising
the machine, such employee shall also be guilty of the violation and
be subject to the fine.
B.
Except
as otherwise provided herein, every act or omission of whatsoever
nature constituting a violation of any of the provisions of this Chapter
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.
C.
A person who holds a license issued under Section 603.070 shall not be subject to the seven (7) day suspension provided under Subsection (E)(1) of Section 603.080 for a violation committed by an employee or agent if the license holder affirmatively demonstrates that the license holder has in place a system of ongoing education and training, internal compliance checks and disciplinary actions reasonably designed to prevent such violations.
[Ord. No. 680 §1, 11-20-2000]
A.
It
shall be unlawful for any person to distribute tobacco products samples
in or on any public street, sidewalk or park that is within five hundred
(500) feet of any playground, school or other facility when the facility
is being used primarily by persons under the age of eighteen (18)
years.
B.
A person
engaged in sampling shall demand proof of age from a prospective recipient
if such person has reason to believe that the prospective recipient
is under the age of eighteen (18) years.
C.
It
shall be unlawful for any licensee or any person in the business of
selling or otherwise distributing, promotion 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 deliver tobacco products free of charge to any person
on any public right-of-way, park, playground or other property owned
by the City of St. John.
[Ord. No. 680 §1, 11-20-2000]
No person shall sell cigarettes individually.
[Ord. No. 680 §1, 11-20-2000]
A.
The City of St. John shall have the authority to enforce Sections 603.010 and 603.080 to 603.130 in a manner that can reasonably be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen (18) years, and shall conduct a minimum of two (2) random, unannounced enforcement checks per year at locations where tobacco products are sold or distributed, some of which will be compliance checks involving minors. However, it shall be required that the City of St. John perform compliance checks involving minors annually on no less than fifty percent (50%) of all locations licensed by the City of St. John to sell tobacco products. License fees collected pursuant to Section 603.070 shall be used to offset the costs of enforcement by the City of St. John Police Department. The St. John Police Department shall submit to the City Council an annual report summarizing the results of its compliance inspections.
B.
Persons under the age of eighteen (18) years may be enlisted to test compliance with Sections 603.010 and 603.080 to 603.130; provided however, that such persons may be used to test compliance only if written parental consent is on file with the City of St. John and only under the auspices and supervision of the St. John Police Department.
C.
Private
organizations may involve themselves in enforcement activities through
the City of St. John. Any activities to test compliance with the provisions
of this Chapter shall be under the supervision or auspices of the
St. John Police Department.
[Ord. No. 680 §1, 11-20-2000]
A.
Except as otherwise provided in this Section, every person who shall be convicted of any violation of Sections 603.010, 603.030, 603.040 or 603.130 shall be fined not more than twenty-five dollars ($25.00) for the first (1st) such conviction; not more than fifty dollars ($50.00) for the second (2nd) such conviction; and up to a maximum of one hundred dollars ($100.00) for any subsequent conviction.
B.
As a condition of probation, every person who shall be convicted of any violation of Section 603.010(B) may be required to attend a smoking awareness or other tobacco education program as may be approved by the St. John Municipal Court.
C.
Every person who shall be convicted of any violation of Section 603.020 shall be fined not more than one hundred dollars ($100.00).
D.
Any licensed holder, employee or agent that violates any provision of Section 603.010(A) or Sections 603.080 through Section 603.120 shall be subject to:
1.
A fine of not less than twenty-five dollars ($25.00) for the first
(1st) violation within a two (2) year period;
2.
A fine of not less than one hundred dollars ($100.00) for the second
(2nd) violation within a two (2) year period;
3.
A fine of not less than two hundred dollars ($200.00) for the third
(3rd) violation within a two (2) year period; and
4.
A fine of five hundred dollars ($500.00) for any additional violation
within a two (2) year period.
E.
Any person who violates Section 603.070(A) shall be subject to a fine of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000.00).
[Ord. No. 1014 §1, 7-15-2013]
F.
Any person who violates the provisions of Section 603.120 shall be subject to a fine of not less than fifty dollars ($50.00). If the tobacco product is distributed by an employee engaged in the business of sampling, the employer shall be guilty of the violation and shall be subject to the fine.
G.
For
purposes of determining the liability of a person controlling franchises
or business operations in multiple locations for a second (2nd) or
subsequent violation under this Section, each individual franchise
or business location shall be deemed a separate entity.
