[Ord. No. 5349 § 1, 12-19-2016]
For the purposes of this Article, the following words and phrases
are defined as follows:
GUARDIAN
Guardian appointed by court of competent jurisdiction.
MINOR
Any person under the age of seventeen (17) years.
PARENT
The natural or adoptive father or mother, legal guardian
or any other person having the care or custody of a minor child.
PARENTAL NEGLECT
Any act or omission by which a parent fails to exercise customary
and effective control over a minor so as to contribute to, cause or
tend to cause a minor to commit any offense.
[Ord. No. 5349 § 1, 12-19-2016]
It is unlawful for any minor under the age of seventeen (17)
years to loiter, idle, wander, stroll or to drive or ride in an automobile
or play in or upon the public streets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places and public buildings,
places of amusement and entertainment, vacant lots or other unsupervised
places between the hours of 11:00 p.m. and 6:00 a.m. of the following
day, except on Fridays and Saturdays when the hours shall be 12:00
Midnight to 6:00 a.m. of the following day. The provisions of this
Article shall not apply when the minor is accompanied by his or her
parent, guardian or another adult person having the care and custody
of that minor or when such minor is upon an emergency errand or legitimate
business as directed by such adult.
[Ord. No. 5349 § 1, 12-19-2016]
No person who is the parent, guardian or other adult having the care and custody of a minor under the age of seventeen (17) years shall knowingly, or with reason to know, permit such minor to violate the provisions of Section
215.905 of this Article.
[Ord. No. 5349 § 1, 12-19-2016]
Any Police Officer finding a minor violating the provisions of Section
215.905 shall warn the minor to cease and desist immediately from such violation. The Police Officer may take the minor into custody and release him or her to his or her parents or guardian or release the minor at the scene with a written notice of referral to the Juvenile Court. The Juvenile Court shall serve upon the parent or guardian or person in charge of such minor the written notice setting forth the manner in which the minor violated Section
215.905.
[Ord. No. 5349 § 1, 12-19-2016; Ord. No. 5426, 8-19-2019]
A. Definitions. For purposes of this Section, the following definitions
shall apply:
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of twenty-one (21).
PROOF OF AGE
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.
ROLLING PAPERS
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.
SAMPLE
A tobacco 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 samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
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.
B. Prohibition Of The Sale Of Tobacco Products To A Minor.
1.
No person shall sell any tobacco product or distribute any tobacco
product or rolling papers to any minor. This paragraph shall not apply
to the distribution by family members on property that is not open
to the public.
2.
Any person who violates this Section shall be fined:
a.
For the first offense, one hundred dollars ($100.00).
b.
For the second offense, two hundred dollars ($200.00).
c.
For the third offense and subsequent offenses, five hundred
dollars ($500.00).
3.
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:
a.
Contain in red lettering at least one-half (1/2) inch high on
a white background, the following: "IT IS A VIOLATION OF COUNTY LAW
FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON
UNDER THE AGE OF TWENTY-ONE (21)."
b.
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."
4.
It shall be unlawful for any person to engage in tobacco product
distribution to persons under twenty-one (21) years of age.
5.
A person 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 twenty-one (21).
6.
If a sale is made by an employee of the owner of an establishment in violation of this Section, the employee shall be guilty of an offense established in Subsection
(B)(1). If a vending machine is in violation of Subsection
(B)(3) of this Section, the owner of the establishment shall be guilty of an offense established in Subsection
(B)(1). If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subsection
(B)(1).
7.
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 this Section. No person shall be liable for more than
one (1) violation of this Section on any single day.
C. It shall be unlawful for any individual under the age of twenty-one
(21) to purchase, possess, accept receipt of, or attempt to purchase
or accept receipt of tobacco products, or to 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. 5349 § 1, 12-19-2016]
A. Definitions. For the purpose of this Section, the following definitions
shall apply:
ALCOHOLIC BEVERAGES
Any beverage constituting intoxicating liquor, light wines, malt liquor or non-intoxicating beer, as those terms are defined in Chapter
600 of the Municipal Code of the City of Richmond Heights.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo. (2000) as may be amended or revised
from time to time.
MINOR
Any person under the age of twenty-one (21) years.
PARENT
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
PRACTITIONER
Any medical professional or other person as defined or described
in Section 195.010, RSMo. (2000) as may be amended or revised from
time to time.
B. Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled
Substances. It shall be unlawful for any person to knowingly or negligently
permit, allow or host, on or in a premises under his or her control,
the consumption of alcoholic beverages or controlled substances by
a minor; except that this Section shall not apply to the following:
1.
The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2.
The delivery of an alcoholic beverage to a minor by that minor's
parent and under the direct supervision of the parent.
3.
The possession or consumption of or the delivery to a minor
of a controlled substance prescribed for that minor by a practitioner
when such delivery by that minor's parent or by the person in control
of the premises, provided that he or she has obtained the prior consent
of that minor's parent.
C. Rental Of A Premises. It shall be unlawful for any owner, agent,
employee or contractor thereof to rent any room, rooms, apartment
or any building or portion of a building to a minor or to any adult
when it is reasonably foreseeable that said adult, or his or her adult
designee, will leave the said premises or reasonably foreseeable that
said premises may be used for a gathering at which alcoholic beverages
or controlled substances may be in possession of or consumed by minors
except as otherwise provided in this Chapter.
D. Duty To Disperse — Police Services, Fees For Police Services.
1.
Any person in control of a premises at which alcoholic beverages
or controlled substances are in the possession of or are being consumed
by minors, or his or her adult designee, shall cause all persons in
or on said premises who are not lawful residents thereof to disperse
not more than fifteen (15) minutes after personally receiving an order
to do so issued by a Peace Officer.
2.
When a party, gathering or event occurs on private property
and a Police Officer at the scene determines that there is a threat
to the public peace, health, safety or general welfare, the person
or persons responsible for the party, gathering or event will be held
liable for the cost of providing Police services during a second or
follow-up response by the Police after a first warning to the person
or persons responsible for the party, gathering or event. The second
or follow-up response may also result in the arrest and/or citation
of violators pursuant to State law or other provisions of this Code.
3.
The Police services fee shall include the cost of personnel
and equipment but shall not exceed five hundred dollars ($500.00)
for a single incident, provided, however, that the City does not waive
its right to seek reimbursement for actual costs exceeding five hundred
dollars ($500.00) through other legal remedies. The amount of such
fees shall be deemed a debt owed to the City by the person responsible
for the party, gathering or event. If such persons are minors, their
parents or guardians shall be responsible for such debt. Any person
owing such fees to the City shall be liable in an action brought in
the name of the City for recovery of such fees, including reasonable
attorney's fees.
E. Penalty. Any person or persons convicted of violating the provisions
of this Section shall be fined an amount not to exceed five hundred
dollars ($500.00) for each offense; except that for third and subsequent
violations by the same person or persons, the fine shall not be less
than one thousand dollars ($1,000.00) for each offense.
[Ord. No. 5349 § 1, 12-19-2016]
A. Any parent, guardian or other person who violates Section
215.905 of this Article after having received notice of the first violation, as described in Section
215.905 of this Article, shall upon conviction be subject to punishment as provided in Section
100.150 of this Code.
B. Any person under the age of seventeen (17) years who violates Section
215.905 of this Article after having received notice of the first violation, shall be dealt with in accordance with the juvenile laws of the State.