[Ord. No. 195 §1(200.710), 11-19-2003]
For purposes of this Article, the following definitions shall
apply:
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, co-partnership, 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.
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 (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.
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 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 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 210.650, 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 Alcohol and Tobacco 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 Alcohol and Tobacco 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.
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 210.620 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 210.620 on any single day.
