For purposes of this Article, the following definitions shall
apply:
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]
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 twenty-one (21) years of age.
[Ord. No. 1895, 2-5-2018[2]]
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, 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 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" 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.
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.
[Ord. No. 1895, 2-5-2018[1]]
[1]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
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 two hundred fifty dollars ($250.00) for the first 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.
[Ord. No. 1895, 2-5-2018[2]]
[2]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
D.
Nicotine Liquid Containers — Regulations.
1.
Any nicotine liquid container that is sold at retail in this State
shall satisfy the child-resistant effectiveness standards set forth
in 16 CFR 1700.15(b) as in effect on the effective date of this Section
when tested in accordance with the method described in 16 CFR 1700.20
as in effect on the effective date of this Section.
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 State 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.
4.
The Department of Health and Senior Services may adopt rules necessary
to carry out the provisions of this Subsection. Any rule or portion
of a rule, as that term is defined in Section 536.010, RSMo., that
is created under the authority delegated in that Section shall become
effective only if it complies with and is subject to all of the provisions
of Chapter 536, RSMo., and, if applicable, Section 536.028, RSMo.
This Section and Chapter 536, RSMo., are non-severable, and if any
of the powers vested with the General Assembly under Chapter 536,
RSMo., to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant
of rulemaking authority and any rule proposed or adopted after August
28, 2015, shall be invalid and void.
5.
The provisions of this Subsection and any rules adopted hereunder
shall be null, void, and of no force and effect upon the effective
date of the final regulations issued by the Federal Food and Drug
Administration or from any other Federal agency if such regulations
mandate child-resistant effectiveness standards for nicotine liquid
containers.
A.
It is unlawful for any manufacturer, producer, distributor, wholesaler
or retailer of cigarettes, rolling papers, alternative nicotine products,
vapor products or any other tobacco products or any agent, employee
or representative of a manufacturer, producer, distributor, wholesaler
or retailer of cigarettes, rolling papers, alternative nicotine products,
vapor products or any other tobacco products to do any of the following:
[Ord. No. 1895, 2-5-2018[1]]
1.
Give, sell or otherwise distribute cigarettes, rolling papers,
tobacco, alternative nicotine products, vapor products, or any other
tobacco products to any minor;
2.
Give, sell or distribute cigarettes, rolling papers, tobacco,
alternative nicotine products, vapor products, or any other tobacco
products in any place that does not have posted in a conspicuous place
a sign stating that giving, selling or otherwise distributing cigarettes,
rolling papers, tobacco, alternative nicotine products, vapor products,
or any other tobacco products to a person under twenty-one (21) years
of age is prohibited by law;
3.
Give, sell or distribute cigarettes, rolling papers, tobacco,
alternative nicotine products, vapor products or any other tobacco
products to any person without first verifying, via a photo identification
such as drivers license, that the person is twenty-one (21) years
of age or older.
[1]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
B.
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 (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. 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.
[Ord. No. 1895, 2-5-2018[2]]
[2]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
C.
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 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, alternative nicotine products or vapor 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 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 to minors products, alternative nicotine
products or vapor products; 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, alternative nicotine products or vapor 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 210.2140, 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, 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.
[Ord. No. 1895, 2-5-2018[3]]
[3]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
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 twenty-one (21) years of age shall purchase or
attempt to purchase 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. No person less than eighteen (18) years
of age shall 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.
[Ord. No. 1895, 2-5-2018[1]]
[1]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
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.
No person shall sell cigarettes, tobacco products, alternative
nicotine products or vapor products unless the person has a retail
sales tax license.
[Ord. No. 1895, 2-5-2018[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, vapor products are sold and on every
vending machine where tobacco products, alternative nicotine products,
vapor 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 CITY ORDINANCE 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 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: This ordinance provided an effective
date of 4-1-2018.
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, 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).
[Ord. No. 1895, 2-5-2018[1]]
[1]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
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 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.
[Ord. No. 1895, 2-5-2018[2]]
[2]
Editor's Note: This ordinance provided an effective date of
4-1-2018.
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 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 210.2110 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 210.2110 on any single day.
[Ord. No. 1068 §§1 — 6, 1-18-1993]
A.
Offenses. The following shall be offenses under the ordinances of this community and shall be punishable as provided in Subsection (F) of this Section.
B.
Duties Of Person Having Control Of Public Place. The person
having custody or control of a public place or public meeting shall:
1.
Make reasonable efforts to prevent smoking in the public place or
public meeting by posting appropriate signs indicating no-smoking
or smoking area and arrange seating accordingly. These signs shall
be placed at a height and location easily seen by a person entering
the public place or public meeting and not obscured in any way;
2.
Arrange seating and utilize available ventilation systems and physical
barriers to isolate designated smoking areas;
3.
Make a reasonable request of persons smoking to move to a designated
smoking area;
4.
Allow smoking in designated areas of theater lobbies only.
C.
"Public Place" Defined. A "public place" is any enclosed indoor area used by the general public or serving
as a place of work including, but not limited to:
1.
Any retail or commercial establishment;
2.
Health care facilities, health clinics or ambulatory care facilities
including, but not limited to, laboratories associated with health
care treatment, hospitals, nursing homes, physicians' offices and
dentists' offices;
3.
Any vehicle used for public transportation including, but not limited
to, buses, taxicabs and limousines for hire;
4.
Restrooms;
5.
Elevators;
6.
Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries;
7.
All public areas and waiting rooms of public transportation facilities
including, but not limited to, bus and airport facilities;
8.
Any enclosed indoor place used for entertainment or recreation including,
but not limited to, gymnasiums, theater lobbies, concert halls, arenas
and swimming pools;
9.
Any other inclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls;
|
However, the following areas are not considered a public place:
|
10.
An entire room or hall which is used for private social functions,
provided that the seating arrangements are under the control of the
sponsor of the function and not of the proprietor or other person
in charge;
11.
Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicle;
12.
Performers on the stage, provided that the smoking is part of the
production;
13.
A place where more than fifty percent (50%) of the volume of trade
or business is carried on is that of the blending of tobaccos or sale
of tobaccos, cigarettes, pipes, cigars or smoking sundries;
14.
Any bar, any tavern, a restaurant that seats less than fifty (50)
people, any bowling alley or any billiard parlor, provided such establishment
conspicuously post at least two (2) signs stating that "Non-smoking
Areas are Unavailable";
15.
Private residences; and
16.
Any enclosed indoor arena, stadium or other facility which may be
used for sporting events and which has a seating capacity of more
than fifteen thousand (15,000) persons.
D.
BAR OR TAVERN
OTHER PERSON IN CHARGE
PROPRIETOR
PUBLIC MEETING
RESTAURANT
SMOKING
Other Definitions. As used in this Section the following
terms shall have these prescribed meanings:
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere.
The agent of the proprietor authorized to give administrative
directions to and general supervision of the activities within the
public place, workplace or public meeting at any given time.
The party who ultimately controls, governs or directs the
activities within the public place, workplace or public meeting, regardless
of whether he/she is the owner or lessor of such place or site. The
term does not mean the owner of the property unless he/she ultimately
controls, governs or directs the activities within the public place
or public meeting. The term "proprietor" shall apply
to a corporation, as well as an individual.
A gathering in person of members of a governmental body,
whether an open or closed session, as defined in Chapter 610, RSMo.
Any building, structure or area used, maintained or advertised
as or held out to the public to be an enclosure where meals for consideration
of payment are made available to be consumed on the premises.
Possession of burning tobacco in the forms of a cigarette,
cigar, pipe or other smoking equipment.
E.
Designated Smoking Area. A smoking area may be designated
by persons having custody or control of public places, except in places
in which smoking is prohibited by the Fire Marshal or by other law
ordinance or regulation. No public place shall have more than thirty
percent (30%) of its entire space designated as a smoking area.
1.
Restaurants. A proprietor or other person in charge
of a restaurant shall designate an area of sufficient size to accommodate
usual and customary demand for non-smoking areas by customers or patrons.
F.
Penalty. Any person who violates this Section shall be fined
an amount not more than two hundred dollars ($200.00).