[R.O. 1997 § 210.350; Ord. No. 98 § 1, 9-1-1995]
A person commits the offense of possession
of a controlled substance if he/she knowingly has in his/her possession,
custody, or control any controlled substance as defined in Section
195.010, RSMo., as amended, except as authorized by the Comprehensive
Drug Control Act.
A person commits the offense of possession of marijuana or any
synthetic cannabinoid if he/she knowingly has in his/her possession,
custody, or control marijuana or any synthetic cannabinoid, as each
is defined by Section 195.010, RSMo., as amended, except as authorized
by the Comprehensive Drug Control Act.
[R.O. 1997 § 210.360; Ord. No. 99 §§ 1—2, 9-1-1995]
A.
A person commits the offense of unlawful
possession of drug paraphernalia if he/she knowingly uses, or possesses
with intent to use, drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled substance
or an imitation controlled substance in violation of the Comprehensive
Drug Control Act.
B.
A person commits the offense of unlawful
distribution, delivery or sale of drug paraphernalia if he or she
unlawfully distributes, delivers, or sells, or possesses with the
intent to distribute, deliver, or sell drug paraphernalia knowing,
or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, inject, ingest, inhale or otherwise introduce
into the human body a controlled substance or an imitation controlled
substance in violation of the Comprehensive Drug Control Act.
C.
A person
commits the offense of unlawful manufacture of drug paraphernalia
if he or she unlawfully manufactures with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance or
an imitation controlled substance in violation of the Comprehensive
Drug Control Act.
D.
No person shall place in any newspaper,
magazine, handbill, or other publication any advertisement, knowing,
or under circumstances where one reasonably should know, that the
purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl
nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their
iso-analogues or induce any other person to do so for the purpose
of causing a condition of, or inducing symptoms of, intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction, or dulling of senses or nervous system, or
for the purpose of, in any manner, changing, distorting or disturbing
the audio, visual or mental processes; except that this Section shall
not apply to the inhalation of any anesthesia for medical or dental
purposes.
A.
As
used in this Section, "alcohol beverage vaporizer" means any device
which, by means of heat, a vibrating element, or any method, is capable
of producing a breathable mixture containing one (1) or more alcoholic
beverages to be dispensed for inhalation into the lungs via the nose
or mouth or both.
B.
No
person shall intentionally or willfully induce the symptoms of intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction, or dulling of the senses or nervous system,
distortion of audio, visual or mental processes by the use or abuse
of any of the following substances:
1.
Solvents, particularly toluol;
2.
Ethyl alcohol;
3.
Amyl nitrite and its iso-analogues;
4.
Butyl nitrite and its iso-analogues;
5.
Cyclohexyl nitrite and its iso-analogues;
6.
Ethyl nitrite and its iso-analogues;
7.
Pentyl nitrite and its iso-analogues; and
8.
Propyl nitrite and its iso-analogues.
C.
This
Section shall not apply to substances that have been approved by the
United States Food and Drug Administration as therapeutic drug products
or are contained in approved over-the-counter drug products or administered
lawfully pursuant to the order of an authorized medical practitioner.
D.
No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by Section 210.362 or this Section.
E.
No
person shall possess or use an alcoholic beverage vaporizer.
F.
Nothing
in this Section shall be construed to prohibit the legal consumption
of intoxicating liquor.
A.
No person shall intentionally possess or buy any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite, and propyl nitrite and their iso-analogues for the purpose of inducing or aiding any other person to violate the provisions of Sections 210.362 and 210.364 hereof.
[R.O. 1997 § 210.370; Ord. No. 69 § 1, 9-1-1995]
No person shall consume any beverage
containing alcohol, in any percent, either by weight or by volume,
on the streets, public walkways, or public parking lots within the
City.
[R.O. 1997 § 210.375; Ord. No. 2265, 5-22-2017]
Any device that can be used to deliver aerosolized or vaporized
nicotine or other substance to the person inhaling from the device,
including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape
pen or e-hookah. Electronic smoking device includes any component,
part, or accessory of such a device, whether or not sold separately,
and includes any substance intended to be aerosolized or vaporized
during the use of the device. Electronic smoking device does not include
drugs, devices, or combination products authorized for sale by the
United States Food and Drug Administration, as those terms are defined
in the Federal Food, Drug and Cosmetic Act.
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.
A tobacco product distributed to members of the general public
at no cost or at nominal cost for purposes of promoting the product.
Any product that is made from or derived from tobacco, and
is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by
any other means, including, but not limited to, a cigarette, a cigar,
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking
device. The term includes any component or accessory used in the consumption
of a tobacco product, such as filters, rolling papers, pipes, or liquids
used in electronic smoking devices. Tobacco product does not include
drugs, devices, or combination products authorized for sale by the
U.S. Food and Drug Administration, as those terms are defined in the
Federal Food, Drug and Cosmetic Act.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products or electronic smoking devices.
[R.O. 1997 § 210.380; Ord. No. 164 § 2, 9-25-1995; Ord. No. 2265, 5-22-2017]
A.
It shall be unlawful to sell tobacco products,
cigarette wrappers or rolling papers by means of any vending machine.
B.
It shall be unlawful for any person to
give, barter, sell, cause to be sold, buy for, distribute samples
of or furnish tobacco products to any person under twenty-one (21)
years of age.
C.
A person selling or distributing tobacco
products or tobacco product samples shall require proof of age from
any prospective purchaser or recipient if any ordinary person would
conclude on the basis of appearance that the prospective purchaser
or recipient may be under the age of twenty-one (21).
D.
If a sale of tobacco or tobacco products is made by an employee of an owner of an establishment in violation of this Section, the employee shall be guilty of violating this Section. If a vending machine is used in violation of Subsection (A) of this Section, the owner of the establishment shall be guilty of violating this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of violating this Section.
E.
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.
[R.O. 1997 § 210.385; Ord. No. 2265, 5-22-2017]
A.
It shall be unlawful for any person to
give, barter, sell, cause to be sold, distribute, furnish or permit
the sale or distribution of tobacco products, unless the premises
upon which such items are sold or distributed, in a conspicuous place
at every display from which tobacco products are sold, distributed,
or furnished, prominently displays a sign which shall 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," and which shall contain in red lettering at least one-half (1/2)
inch high on white background:
"IT IS A VIOLATION OF THE LAW FOR
TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO BE SOLD TO ANY PERSON
UNDER THE AGE OF 21."
[R.O. 1997 § 210.390; Ord. No. 117 § 1, 9-1-1995]
A.
Furnishing Cigarette Papers To Any Person.
No individual, corporation, partnership or other entity or their employees
shall sell or supply "cigarette papers," said being defined as papers
identified as being able to be used to wrap tobacco or any tobacco
product which is not pre-wrapped within the City limits.
B.
Possession By Any Person. No person shall
purchase, attempt to purchase or have in his/her possession any cigarette
papers within the City limits.
C.
Unlawful To Consume On Premises. It shall
be unlawful for any merchant or keeper of any place of business in
the City, or the employees of such merchant or keeper, to permit any
person to use cigarette wrappers to wrap tobacco on the premises on
which the business is conducted, any cigarette papers.
