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City of Hallsville, MO
Boone County
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Table of Contents
Table of Contents
Code
New Laws (6) Index Notes (1)
[Ord. No. 361, 4-8-2019]
For purposes of this Article, the following definitions shall apply:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other 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.[1]
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
PROOF OF AGE
A driver's license or other government-issued photographic identification that contains a picture of the individual and appears on its face to be valid.
SAMPLE
A tobacco product, alternative nicotine product or vapor product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco product, alternative nicotine product or vapor product samples.
TOBACCO PRODUCTS
Any substance containing or derived from tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, snus, chewing tobacco or dipping tobacco, but does not include alternative nicotine products or vapor products. Tobacco or tobacco product also means any component or accessory used in the consumption of tobacco products, whether or not they contain tobacco or nicotine, including, but not limited to, filters, cartridges, pods, pens, rolling papers, blunt or hemp wraps, or pipes. Tobacco or tobacco product does not include drugs, devices, or combination products authorized for sale as a cessation product approved by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
TOBACCO RETAILER
Any individual, firm, partnership, joint venture, association, joint stock company, corporation, unincorporated business entity, or any other group or combination acting as a unit that owns or operates, any manufacturer, producer, distributor, supplier, wholesaler or retailer of tobacco products, alternative nicotine products, or vapor products. Tobacco retailer does not mean the employees of an owner or operator of any manufacturer, producer, distributor, supplier, wholesaler or retailer of tobacco products.
TOBACCO RETAILER LICENSE
The license issued pursuant to this Article that authorizes the sale or exchange of tobacco products, tobacco product paraphernalia, alternative nicotine products or vapor products at a certain fixed location by a certain tobacco retailer.
VAPOR PRODUCT
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 product includes 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.
VENDING MACHINE
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: See 21 U.S.C. § 351 et seq.
[Ord. No. 361, 4-8-2019]
A. 
Tobacco retailer license required. It shall be unlawful for any person to conduct business as a tobacco retailer or engage in tobacco, alternative nicotine product, or vapor product retailing without first having obtained a license therefor as required by this Article.
B. 
Multiple places of business. Any person conducting business as a tobacco retailer or engaging in tobacco retailing at more than one location in the City shall obtain a separate, distinct tobacco retailer license for each individual location.
C. 
Business license required. A valid business license shall be a condition precedent to the issuance of a license under this Article.
D. 
Term. Any license, or renewal thereof, issued hereunder shall be effective as of the date of its issuance and shall expire the next June 30.
E. 
Renewal of license. The term of a renewed tobacco retailer license is one (1) year, commencing on July 1; provided, however, if the City Administrator determines that there is good reason not to issue a license for the full one-year period, the City Administrator may issue a license for a shorter period of time. Each tobacco retailer shall apply for the renewal of a tobacco retailer license no later than thirty (30) days prior to expiration of the prior license.
F. 
Expiration of license. A tobacco retailer license that is not timely renewed shall expire at the end of its term. To apply for reinstatement of a license not timely renewed, the person must:
1. 
Submit the application renewal form; and
2. 
Submit a signed affidavit affirming that the applicant:
a. 
Has not sold and will not sell any tobacco product, alternative nicotine product, vapor product or tobacco product paraphernalia after the license expiration date and before the license is renewed; and
b. 
Has paid all outstanding fines and resolved any undisputed outstanding violations of these regulations before seeking renewal of the license.
[Ord. No. 361, 4-8-2019]
A. 
Submittal. Any person desiring a license under this Article shall apply to the City Administrator in writing. Such application shall be submitted in the name of the person and signed by an authorized agent thereof. If the application is made on behalf of a partnership, the names and addresses of all partners together with the name and address of the managing officer or employee who is to be actively engaged in the control and management of the premises for which the license is sought shall be included on the application. If the application is made on behalf of a corporation, the names and addresses of the officers and directors and stockholders who hold ten percent (10%) or more of the capital stock together with the name and address of the managing officer or employee who is to be actively engaged in the control and management of the premises for which the license is sought shall be included on the application. If the application is made on behalf of a limited liability company, the names and addresses of the members and managers together with the name and address of the managing officer or employee who is to be actively engaged in the control and management of the premises for which the license is sought shall be included on the application.
B. 
Contents. An application for a tobacco retailer license shall be made upon a form provided by the City Administrator and shall require the disclosure of all information necessary to comply with the requirements of this Article, including whether or not the applicant or any agent of the applicant has been found to have violated any of the requirements of this Article within the previous five (5) years, together with any other information which the City Administrator shall find to be reasonably necessary to the fair administration of this Article.
C. 
Changes And Corrections. An applicant or previously licensed tobacco retailer shall inform the City Administrator, in writing, of any change in the information submitted on an application for a tobacco retailer license within thirty (30) days of such change. Such requirement shall expressly apply to the name and address of the managing officer or employee who is to be actively engaged in the control and management of the premises for which the license is issued.
[Ord. No. 361, 4-8-2019]
Upon the receipt of a complete application for a tobacco retailer license, the City Administrator shall issue a license upon a finding that the requirements of this Article have been met. The provision of incomplete, inaccurate, false or misleading information shall be grounds for denial or revocation. In the case of a renewal, failure to operate the business in accordance with the requirements of this Article shall be grounds for denial or revocation.
[Ord. No. 361, 4-8-2019]
A. 
A tobacco retailer license may not be transferred from one (1) person to another or from one (1) location to another. A new tobacco retailer license is required whenever a tobacco retailer location has a change in ownership.
B. 
Notwithstanding any other provision of this Article, a prior violation or license revocation at a location shall continue to be counted against a location, and license ineligibility periods shall continue to apply to a location unless:
1. 
The location has been transferred to a new person in an arm's length transaction; and
2. 
The new person provides the City with clear and convincing evidence that the new person has acquired, or is acquiring, the location in an arm's length transaction.
[Ord. No. 361, 4-8-2019]
A. 
Denial. When a license under this Article is denied, the City Administrator shall send a letter to the applicant stating why the license was denied and how to appeal the denial. The letter may be hand delivered or sent by first-class mail. If mailed, the letter shall be presumed received three (3) days after it was mailed, unless returned.
B. 
Appeal By Applicant. The applicant may appeal the denial to the Board of Aldermen by mailing or delivering a written notice of appeal to the City Administrator. The notice of appeal must be received by the City Administrator no later than ten (10) days after the applicant received the letter of denial. The applicant may submit to the City Administrator a position statement explaining why the applicant believes the license should be granted. The City Administrator may also submit to the Board of Aldermen a position statement explaining why the City Administrator believes the denial should be upheld.
[Ord. No. 361, 4-8-2019]
A. 
Any person or entity who gives, sells, barters, or otherwise distributes tobacco products, alternative nicotine products, or vapor products shall deny the distribution of such products to any person who is 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) of this Section shall be assessed a fine of no less than five hundred dollars ($500.00) for each 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.
D. 
Warning signs concerning sales of the products set forth in this Article to persons under the age of twenty-one (21) shall be plainly visible at every display from which such products are sold: Such signs shall:
1. 
Contain in red lettering at least one-half inch high on a white background "IT IS A VIOLATION OF THE LAW FOR TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF TWENTY-ONE (21)"; 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.
E. 
Nicotine Liquid Containers — Regulations.
1. 
Any nicotine liquid container that is sold at retail stores in the City of Hallsville shall satisfy the child-resistant effectiveness standards set forth in 16 CFR 1700.15(b).
2. 
For the purposes of this Subsection, "nicotine liquid container" shall mean 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.
3. 
Any person who engages in retail sales of liquid nicotine containers in this City in violation of this Subsection shall be assessed a fine of no less than five hundred dollars ($500.00) for each violation.
4. 
The City of Hallsville may adopt rules necessary to carry out the provisions of this Article.
[Ord. No. 361, 4-8-2019]
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 places in which persons under twenty-one (21) years of age are prohibited access. Any tobacco product, alternative nicotine product or vapor product from such machine 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. 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.
C. 
No person or entity shall sell, provide or distribute any tobacco product, alternative nicotine product or vapor product or rolling papers to any persons under twenty-one (21) years of age.
D. 
A sales clerk who violates Subsection (A), (B) or (C) of this Section or Section 210.1930, Subsection (D), of this Article shall be penalized as follows:
1. 
For the first offense, twenty-five dollars ($25.00);
2. 
For the second offense, one hundred dollars ($100.00); and
3. 
For a third and subsequent offense, two hundred fifty dollars ($250.00).
E. 
If the City observes violation(s) of this Article, in addition to the penalties established in 210.1930 of this Article, the following civil fines and penalties shall be imposed on the tobacco retailer owner or operator:
1. 
For the first violation per location within three (3) years, the City shall issue a civil fine of no less than three hundred dollars ($300.00);
2. 
For the second violation per location within three (3) years, the City shall issue a civil fine of no less than six hundred dollars ($600.00) and suspend the tobacco retail license of the tobacco retailer for a twenty-four-hour period;
3. 
For the third violation per location within three (3) years, the City shall issue a civil fine of no less than one thousand dollars ($1,000.00) and suspend the tobacco retail license of the tobacco retailer for a thirty-day period;
4. 
For the fourth and any subsequent violations per location within three (3) years, the City shall issue a civil fine of no less than one thousand dollars ($1,000.00) and suspend the tobacco retail license of the tobacco retailer for a six-month period.
F. 
This Article shall be enforced by conducting compliance checks on each tobacco retailer at least twice per year. The City shall conduct compliance checks by engaging persons between the ages of 18 and 20 to enter the premises to attempt to purchase tobacco or electronic cigarette products. Unannounced follow-up compliance check(s) of all non-compliant tobacco retailers are required within three (3) months of any violation of this Article. The results of all compliance checks and inspections shall be published by the City or its authorized agent at least annually and made available to the public upon request.
G. 
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 Subsection (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.
H. 
Any person adversely affected by this Section may file an appeal with the Circuit Court of Boone County, Missouri.
[Ord. No. 361, 4-8-2019]
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:
1. 
It is sold through a vending machine placed in a location that is not accessible to persons under the age of twenty-one (21); or
2. 
It is displayed behind the checkout counter.
[Ord. No. 361, 4-8-2019]
A. 
Before distributing any tobacco product, the tobacco retailer or his or her agent, employee, or representative shall verify that the purchaser is at least twenty-one (21) years of age. Each distributor shall examine the purchaser's government-issued photographic identification. No such verification is required for a person over the age of thirty (30). That a purchaser appeared to be thirty (30) years of age or older shall not constitute a defense to a violation of this Section.
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 enforcement authority 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 shall be a defense to any action for a violation of Subsections (A), (B) and (C) of Section 210.1940 of this Article.
[Ord. No. 361, 4-8-2019]
A. 
No person less than eighteen (18) years of age shall purchase, attempt to purchase or possess cigarettes, tobacco products, alternative nicotine products or vapor products unless such person is an employee of a seller of cigarettes, 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 person less than eighteen (18) years of age shall not misrepresent his/her age to purchase cigarettes, 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 cigarettes, 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 cigarettes, tobacco products, alternative nicotine products or vapor products confiscated and shall complete a tobacco education or smoking cessation program, if available.