[Ord. No. 2018, 4-1-2020]
For purposes of this Article, the following definitions shall
apply:
Any noncombustible 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.
A conveyance to the public by sale, barter, gift or sample.
A division within the Department of Public Safety of the
State of Missouri known as the "Division of Alcohol and Tobacco Control,"
as established by Section 311.615, RSMo.
A person under the age of twenty-one (21).
An individual, partnership, copartnership, 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 smokable cigarette.
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.
The distribution to members of the general public of tobacco
product, alternative nicotine product or vapor product samples.
Any substance containing tobacco leaf that is intended for
human consumption, including, but not limited to, cigarettes, cigars,
pipe tobacco, snuff, chewing tobacco, or dipping tobacco but does
not include alternative nicotine products, or vapor products.
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 also includes any device
classified by the United States Food and Drug Administration as an
electronic nicotine delivery system. Vapor product does not include
any alternative nicotine product or tobacco product.
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.
[Ord. No. 2018, 4-1-2020]
A.
Any person or entity who sells tobacco products, alternative nicotine
products, or vapor products shall deny the sale of such tobacco products
to any person who is less than twenty-one (21) years of age. 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.
Any person or entity who sells or distributes tobacco products, alternative nicotine products, or vapor products by mail or through the Internet in violation of Subsection (A) shall be assessed a fine of two hundred fifty dollars ($250.00) for the first (1st) violation and five hundred dollars ($500.00) for each subsequent violation.
C.
Alternative nicotine products and vapor products shall only be sold
to persons twenty-one (21) years of age or older, shall be subject
to local and State sales tax, but shall not be otherwise taxed or
regulated as tobacco products.
1.
Any nicotine liquid container that is sold at retail in this
State shall satisfy the child-resistant effectiveness standards set
forth in 16 C.F.R. 1700.15(b) as in effect on August 28, 2015, when
tested in accordance with the method described in 16 C.F.R. 1700.20
as in effect on August 28, 2015.
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 the City in violation of this Subsection shall be assessed a fine
of two hundred fifty dollars ($250.00) for the first violation and
five hundred dollars ($500.00) for each subsequent violation.
D.
All vending machines that dispense tobacco products, alternative nicotine products, or vapor products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than twenty-one (21) years of age from purchasing any tobacco product, alternative nicotine product, or vapor 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 twenty-one (21) 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 (F) of this Section. A determination of non-compliance may be made by a Law Enforcement Officer of the City 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.
E.
No person or entity shall sell, provide or distribute any tobacco
product, alternative nicotine product, or vapor product or rolling
papers to any minor, or sell any individual cigarettes to any person
in the City. This Subsection shall not apply to the distribution by
family members on property that is not open to the public.
F.
G.
Any owner of the establishment where tobacco products, alternative nicotine products, or vapor products are available for sale who violates Subsection (E) 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 sales of tobacco products, alternative
nicotine products, or vapor products to minors. Such training program
must be attended by all employees who sell tobacco products, alternative
nicotine products, or vapor 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 products, alternative nicotine products,
or vapor products 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.
H.
The exemption in Subsection (G) shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products, alternative nicotine products, or vapor products are available for sale if:
I.
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), (D) and (E) of this Section. If a vending machine is in violation of Subsection (D), the owner of the establishment shall be guilty of an offense established in Subsections (E) and (F) 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 (E) and (F) of this Section.
J.
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 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.
[Ord. No. 2018, 4-1-2020]
A.
No person less than twenty-one (21) years of age shall purchase,
attempt to purchase or possess tobacco products, alternative nicotine
products, or vapor products unless such person is an employee of a
seller of 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., as amended.
B.
Any person less than twenty-one (21) years of age shall not misrepresent
his/her age to purchase 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 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 tobacco products, alternative
nicotine products, or vapor products confiscated and shall complete
a tobacco education or smoking cessation program, if available.
[Ord. No. 2018, 4-1-2020]
No person shall sell cigarettes or tobacco products, alternative
nicotine products, or vapor products unless the person has a retail
sales tax license.
[Ord. No. 2018, 4-1-2020[1]]
A.
The owner of an establishment at which tobacco products, alternative
nicotine products, vapor 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,
alternative nicotine products, or vapor 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 (1/2) inch high on
a white background the following:
"IT IS A VIOLATION OF LAW FOR CIGARETTES, OTHER TOBACCO PRODUCTS,
ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO BE SOLD OR OTHERWISE
PROVIDED TO ANY PERSON UNDER THE AGE OF TWENTY-ONE (21) OR FOR SUCH
PERSON TO PURCHASE, ATTEMPT TO PURCHASE OR POSSESS CIGARETTES, OTHER
TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR VAPOR 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 21."
[1]
Editor's Note: Ord. No. 2018 also changed "eighteen (18)"
to "twenty-one (21)" in the title of this Section.
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:
[Ord. No. 2018, 4-1-2020]
A.
A person or entity selling tobacco products, alternative nicotine
products, or vapor products or rolling papers or distributing tobacco
product, alternative nicotine product, or vapor 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 twenty-one
(21).
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, 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 offense.
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), (D) and (E) of Section 210.470 of this Article. No person shall be liable for more than one (1) violation of Subsections (D) and (E) of Section 210.470 on any single day.
